Workers' Compensation

ORS 656.277
Request for reclassification of nondisabling claim

  • nondisabling claim procedure
  • attorney fees


(a) A request for reclassification by the worker of an accepted nondisabling injury that the worker believes was or has become disabling must be submitted to the insurer or self-insured employer. The insurer or self-insured employer shall classify the claim as disabling or nondisabling within 14 days of the request. A notice of such classification shall be mailed to the worker and the worker’s attorney if the worker is represented. The worker may ask the Director of the Department of Consumer and Business Services to review the classification by the insurer or self-insured employer by submitting a request for review within 60 days of the mailing of the classification notice by the insurer or self-insured employer. If any party objects to the classification of the director, the party may request a hearing under ORS 656.283 (Hearing rights and procedure) within 30 days from the date of the director’s order.


If the worker is represented by an attorney and the attorney is instrumental in obtaining an order from the director that reclassifies the claim from nondisabling to disabling, the director may award the attorney a reasonable assessed attorney fee.


A request by the worker that an accepted nondisabling injury was or has become disabling shall be made pursuant to ORS 656.273 (Aggravation for worsened conditions) as a claim for aggravation, provided the claim has been classified as nondisabling for at least one year after the date of acceptance.


A claim for a nondisabling injury shall not be reported to the director by the insurer or self-insured employer except:


When a notice of claim denial is filed;


When the status of the claim is as described in subsection (1) or (2) of this section; or


When otherwise required by the director. [1990 c.2 §48; 1995 c.332 §32; 1999 c.313 §3; 2001 c.350 §2; 2015 c.521 §3]
Note: 656.277 (Request for reclassification of nondisabling claim) was added to and made a part of ORS chapter 656 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Employer may accept aggravation claim without accepting injury as disabling. Rogers v. Hewlett-Packard Co., 153 Or App 436, 960 P2d 871 (1998)

Challenge of initial classification must be processed as aggravation claim if challenge is made more than one year following injury. Alcantar-Baca v. Liberty Northwest Insurance Corp., 161 Or App 49, 983 P2d 1038 (1999)

§§ 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)


Last accessed
Jun. 26, 2021