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)

§§ 656.001 to 656.794

Law Review Citations

55 OLR 432-445 (1976); 16 WLR 519 (1979); 22 WLR 559 (1986)

Chapter 656

Notes of Decisions

Party having affirmative of any issue must prove it by preponderance of evidence unless legislature fixes some different quantum of proof. Hutcheson v. Weyerhaeuser Co., 288 Or 51, 602 P2d 268 (1979)

Amendments to existing statutes and enactment of additional statutes by 1995 legislation generally apply to pending cases and to orders still appealable on June 7, 1995, effective date. Volk v. America West Airlines, 135 Or App 565, 899 P2d 746 (1995), Sup Ct review denied

Amendments to existing statutes and enactment of additional statutes by 1995 legislation do not extend or shorten procedural time limitations with regard to actions taken prior to June 7, 1995, effective date. Motel 6 v. McMasters, 135 Or App 583, 899 P2d 1212 (1995)

Atty. Gen. Opinions

Benefit unavailability for inmates engaged in prison work programs, (1996) Vol 48, p 134

Law Review Citations

24 WLR 321, 341 (1988); 32 WLR 217 (1996)


Source
Last accessed
May. 15, 2020