Chapter 656
Workers’ Compensation

Sections

Application of definitions to construction of chapter

Effect on employers’ liability law

Extension of laws relating to workers’ compensation to federal lands and projects within state

Treatment by spiritual means

Findings and policy

Employer required to pay compensation and perform other duties

Effect of providing coverage

Civil negligence action for claim denied on basis of failure to meet major contributing cause standard

Damage actions by workers against noncomplying employers

Coverage exception for laborers under contracts with construction and landscape contractor licensees

Who are subject employers

Individuals engaged in commuter ridesharing not subject workers

Who are subject workers

Obligation of person awarding contract to provide coverage for workers under contract

Coverage for municipal volunteer personnel

Coverage for participants in work experience or school directed professional training programs

Status of workers in separate occupations of employer

Exemption from coverage for persons engaged in certain real estate activities

Election of coverage for workers not subject to law

City or county may elect to provide coverage for adults in custody

Governmental agency paying wages responsible for providing coverage

State Accident Insurance Fund Corporation may insure liability under Longshoremen’s and Harbor Workers’ Compensation Act

Coverage of persons in college work experience and professional education programs

Prohibition against employment without coverage

Claim of injured worker of noncomplying employer

Subject employers must post notice of manner of compliance

Definitions for ORS 656.027, 656.070 and 656.075

Exemption from coverage for newspaper carriers

Coverage while temporarily in or out of state

Sole proprietors, limited liability company members, partners, independent contractors may elect coverage by insurer

Coverage of minors

Coverage of deaf school work experience trainees

Coverage of apprentices, trainees participating in related instruction classes

Coverage of persons operating equipment for hire

Injury due to negligence or wrong of a person not in the same employ as injured worker

Intentional injuries

Effect of incarceration on receipt of compensation

Validity of provisions of certain collective bargaining agreements

Applicability of and criteria for establishing program under ORS 656.170

Compensation payable to subject worker in accordance with law in effect at time of injury

Permanent total disability

Death during permanent total disability

Offsetting permanent total disability benefits against Social Security benefits

Temporary total disability

“Average weekly wage” defined

Temporary partial disability

Permanent partial disability

Permanent partial disability

Continuance of permanent partial disability payments to survivors

Compensation for additional accident

Compensability of certain preexisting conditions

Cohabitants and children entitled to compensation

Payments directly to beneficiary or custodian

Lump sum award payments

Payments to aliens residing outside of United States

Compensation not assignable nor to pass by operation of law

Compromise and release of claim matters except for medical benefits

Deduction of benefits from sick leave payments paid to employees

Medical services to be provided

Payment for medical services prior to claim acceptance or denial

Medical service fee schedules

Limitation on compensability of physical therapist services

Medical report regulation

Medical report forms

Considerations for rules regarding certain rural hospitals

Vocational assistance service payments

Certification procedure for managed health care provider

Processing of claims and payment of compensation

To whom notices sent under ORS 656.262, 656.265, 656.268 to 656.289, 656.295 to 656.325 and 656.382 to 656.388

Compensable injury, denied claim and other reports

Notice of accident from worker

Burden of proving compensability and nature and extent of disability

Claims for new and omitted medical conditions

Aggravation for worsened conditions

Request for reclassification of nondisabling claim

Board has continuing authority to alter earlier action on claim

Hearing rights and procedure

Protection of witnesses at hearings

Use of vocational reports in determining loss of earning capacity at hearing

Orders of Administrative Law Judge

Expedited Claim Service

Board review of Administrative Law Judge orders

Judicial review of board orders

When acceptance of compensation precludes hearing

Determination of issues regarding responsibility for compensation payment

Responsibility for payment of claims

Presumption concerning notice of injury and self-inflicted injuries

Stay of compensation pending request for hearing or review

Time within which hearing must be requested

Required medical examination

Review of medical treatment of worker

List of authorized providers and standards of professional conduct for providers of independent medical examinations

Contact, medical examination of worker represented by attorney prohibited without written notice

Vocational assistance procedure

Confidentiality of worker medical and vocational claim records

Liability for disclosure of worker medical and vocational claim records

Penalties and attorney fees payable by insurer or employer in processing claim

Attorney fees in cases prior to decision or after request for hearing

Attorney fees in cases regarding certain medical service or vocational rehabilitation matters

Recovery of attorney fees, expenses and costs in appeal on denied claim

Approval of attorney fees required

Frivolous appeals, hearing requests or motions

Obligations of self-insured employer

Qualifications of insured employers

Workers’ compensation insurance contracts

Cancellation of coverage by employer

Termination of workers’ compensation insurance contract or surety bond liability by insurer

Certification of self-insured employer

Certification effective until canceled or revoked

Notice of certificate revocation

Advancement of funds from Workers’ Benefit Fund for compensation due workers insured by certain decertified self-insured employer groups

Procedure upon default by employer or self-insured employer group

Advancement of funds from Workers’ Benefit Fund for compensation due workers insured by insurer in default

Sanctions against insurer for failure to comply with contracts, orders or rules

Self-insured employers to process claims and make records available at authorized locations

“Fiscal year” defined

Rates, charges, fees and reports by employers insured by State Accident Insurance Fund Corporation

Estimate of payroll when employer fails to file payroll report

Assessments for programs

Authority to fix premium rates for employers

Distribution of dividends from surplus in Industrial Accident Fund

Premium charges for coverage of reforestation cooperative workers based on prevailing wage

Deposit of cash, bond or letter of credit to secure payment of employer’s premiums

Injunction against employer failing to comply with deposit requirements

Liability of person letting a contract for amounts due from contractor

Default in payment of premiums, fees, assessments or deposit

Moneys due Industrial Accident Fund as preferred claims

Lien for amounts due from employer on real property, improvements and equipment on or with which labor is performed by workers of employer

Lien on property of employer for amounts due

“Paying agency” defined

Workers’ election whether to sue third person or noncomplying employer for damages

Payment of compensation notwithstanding cause of action for damages

Paying agency may compel election and prompt action

Paying agency must join in any compromise

Election not to bring action operates as assignment of cause of action

Procedure when worker or beneficiary elects to bring action

Precedence of cause of action

Damage recovery as offset against compensation

Disbursement procedures

Workers’ Benefit Fund

Assessments for department activities

Self-Insured Employer Adjustment Reserve

Reemployment Assistance Program

Reopened Claims Program

Workers with Disabilities Program

Oregon Institute of Occupational Health Sciences funding

Industrial Accident Fund

Trust fund status of Industrial Accident Fund

Reserve accounts in Industrial Accident Fund

Reserves in Industrial Accident Fund for awards for permanent disability or death

Creation of reserves

Petty cash funds

Disclosure of records of corporation, department and insurers

Actions and orders regarding matters concerning claim and matters other than matters concerning claim

Hearings Division

Ombudsman for injured workers

Workers’ Compensation Board

Removal of board member

Board members not to engage in political or business activity that interferes with duties as board member

Prosecution and defense of actions by Attorney General and district attorneys

Authority to employ subordinates

Administrative Law Judges

Duties and status of Administrative Law Judges

Duties and powers to carry out workers’ compensation and occupational safety laws

Rules for administration of benefit offset

Assigned risk plan

Power to compel obedience to subpoenas and punish for misconduct

Civil penalty for noncomplying employers

Review of proposed order declaring noncomplying employer or nonsubjectivity determination

Civil penalty for inducing failure to report claims

State Accident Insurance Fund Corporation created

State Accident Insurance Fund Corporation

State Accident Insurance Fund Corporation exempt from certain financial administration laws

Inspection of books, records and payrolls

Annual audit of State Accident Insurance Fund Corporation by Secretary of State

Annual report by State Accident Insurance Fund Corporation to Secretary of State

Notice to Secretary of State regarding action on audit report

Certification and training of claims examiners

Workers’ Compensation Management-Labor Advisory Committee

Advisory committee on medical care

Informational materials for nurse practitioners

Certification by nurse practitioner of review of required materials

Duty of insurer, self-insured employer and self-insured employer group to provide information to director

Informational materials for other health care professionals

Occupational disease

Occupational disease as an injury under Workers’ Compensation Law

Time for filing of claims for occupational disease

Licensing system for worker leasing companies

Up to date

Current through early 2024

Chap. 656’s source at oregon.gov

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Location: https://oregon.public.law/statutes/ors_chapter_656

Original Source: Chapter 656 — Workers’ Compensation, https://www.oregonlegislature.gov/bills_laws/ors/ors656.html (last accessed Jun. 16, 2023).