Compensation for additional accident
Source:
Section 656.222 — Compensation for additional accident, https://www.oregonlegislature.gov/bills_laws/ors/ors656.html.
Notes of Decisions
In general
Past receipt of money for earlier disabilities refers only to previous compensation paid under Oregon workers’ compensation system. American Building Maintenance v. McLees, 296 Or 772, 679 P2d 1361 (1984)
Only previous payments for same condition are to be considered in adjusting award. Norby v. SAIF, 303 Or 536, 738 P2d 974 (1987)
Where claimant had previously been awarded permanent unscheduled disability to same body part but established that injuries lacked any combined effect, no offset was applicable. City of Portland v. Duckett, 104 Or App 318, 801 P2d 847 (1990), Sup Ct review denied
Requirement that offset be made if award has previously been given does not impliedly prohibit award reduction for effect of pre-employment disability. Nomeland v. City of Portland, 106 Or App 77, 806 P2d 175 (1991)
Whether injury is scheduled or unscheduled does not affect applicability of offset. Offill v. Greenberry Tank and Iron Company, 142 Or App 351, 921 P2d 1342 (1996)
Computation of compensation
Strict arithmetic offset for amount of previous award is not required since condition at time of award and condition immediately prior to injury are not always identical. Cascade Steel Rolling Mills v. Madril, 57 Or App 398, 644 P2d 655 (1982)
Offset for “past receipt of money” on degree-by-degree basis rather than for actual award amount is allowable. Thomas v. Professional Reforestation of Oregon, 119 Or App 325, 850 P2d 1143 (1993)
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