Workers’ Compensation

ORS 656.230
Lump sum award payments

(1)

When a worker has been awarded compensation for permanent partial disability, and the worker requests payment of all or part of the award in a lump sum payment, the insurer shall make the payment requested unless the:

(a)

Worker has not waived the right to appeal the adequacy of the award;

(b)

Award has not become final by operation of law;

(c)

Payment of compensation has been stayed pending a request for hearing or review under ORS 656.313 (Stay of compensation pending request for hearing or review); or

(d)

Worker is enrolled and actively engaged in training according to rules adopted pursuant to ORS 656.340 (Vocational assistance procedure) and 656.726 (Duties and powers to carry out workers’ compensation and occupational safety laws).

(2)

Any unpaid balance of the award not paid in a lump sum payment shall be paid pursuant to ORS 656.216 (Permanent partial disability).

(3)

In all cases where the award for permanent partial disability does not exceed $6,000, the insurer or the self-insured employer shall pay all of the award to the worker in a lump sum. [Amended by 1957 c.574 §4; 1959 c.449 §1; 1965 c.285 §23a; 1973 c.221 §1; 1981 c.854 §13; 1983 c.816 §15; 1995 c.332 §22; 2007 c.270 §1]

Notes of Decisions

Only claimant may waive right to appeal adequacy of award, and claimant may waive right to appeal adequacy of award only after claimant receives award. Cayton v. Safelite Glass Corporation, 231 Or App 644, 220 P3d 1190 (2009)

Source

Last accessed
May 30, 2023

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