Workers' Compensation
Vocational assistance procedure
- eligibility criteria
- service providers
- resolution of vocational assistance disputes
- rules
Notes of Decisions
Fixing maximum fees is within Department of Insurance and Finance's authority and determination that established rates are reasonable was within agency's range of discretion. Oregon Assn. of Rehab. Prof. v. Dept. of Ins., 99 Or App 613, 783 P2d 1014 (1989)
Vocational assistance is not available where claim for new medical condition is initiated after worker's aggravation rights have expired. Lloyd v. American Manufacturers Mutual Insurance, 202 Or App 592, 123 P3d 357 (2005), Sup Ct review denied
Director of Department of Consumer and Business Services may establish prerequisites for vocational assistance eligibility that supplement statutory conditions for eligibility. Carreon v. Commerce and Industry Insurance Co., 233 Or App 440, 226 P3d 73 (2010)
If worker becomes eligible more than once to receive training-related benefits under ORS 656.268, limitations on payment of training-related temporary disability apply to each period of eligibility separately. Intel Corp. v. Batchler, 267 Or App 782, 341 P3d 837 (2014)
Weekly wage from regular employment for worker holding multiple employments is total wage from all regular employments worker held at time of injury or claim for aggravation. Chu v. SAIF, 290 Or App 194, 415 P3d 68 (2018).
Law Review Citations
32 WLR 217 (1996)
Law Review Citations
55 OLR 432-445 (1976); 16 WLR 519 (1979); 22 WLR 559 (1986)
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)