Chapter 656 — Workers’Compensation

 

2009 EDITION

 

 

WORKERS’COMPENSATION

 

LABOR,EMPLOYMENT; UNLAWFUL DISCRIMINATION

 

GENERALPROVISIONS

 

656.001 Shorttitle

 

656.003 Applicationof definitions to construction of chapter

 

656.005 Definitions

 

656.006 Effecton employers’ liability law

 

656.008 Extensionof laws relating to workers’ compensation to federal lands and projects withinstate

 

656.010 Treatmentby spiritual means

 

656.012 Findingsand policy

 

COVERAGE

 

656.017 Employerrequired to pay compensation and perform other duties; state not authorized tobe direct responsibility employer

 

656.018 Effectof providing coverage; exclusive remedy

 

656.019 Civilnegligence action for claim denied on basis of failure to meet majorcontributing cause standard; statute of limitations

 

656.020 Damageactions by workers against noncomplying employers; defenses outlawed

 

656.021 Personperforming work under ORS chapter 701 as subject employer

 

656.023 Whoare subject employers

 

656.025 Individualsengaged in commuter ridesharing not subject workers; conditions

 

656.027 Whoare subject workers

 

656.029 Obligationof person awarding contract to provide coverage for workers under contract;exceptions; effect of failure to provide coverage

 

656.031 Coveragefor municipal volunteer personnel

 

656.033 Coveragefor participants in work experience or school directed professional trainingprograms

 

656.035 Statusof workers in separate occupations of employer

 

656.037 Exemptionfrom coverage for persons engaged in certain real estate activities

 

656.039 Electionof coverage for workers not subject to law; procedure; cancellation; electionof coverage for home health care workers employed by clients of Department ofHuman Services

 

656.041 Cityor county may elect to provide coverage for jail inmates

 

656.043 Governmentalagency paying wages responsible for providing coverage

 

656.044 StateAccident Insurance Fund Corporation may insure liability under Longshoremen’sand Harbor Workers’ Compensation Act; procedure; cancellation

 

656.046 Coverageof persons in college work experience and professional education programs

 

656.052 Prohibitionagainst employment without coverage; proposed order declaring noncomplyingemployer; effect of failure to comply

 

656.054 Claimof injured worker of noncomplying employer; procedure for disputing acceptanceof claim; recovery of costs from noncomplying employer; restrictions

 

656.056 Subjectemployers must post notice of manner of compliance

 

656.070 Definitionsfor ORS 656.027, 656.070 and 656.075

 

656.075 Exemptionfrom coverage for newspaper carriers; casualty insurance and other requirements

 

656.126 Coveragewhile temporarily in or out of state; judicial notice of other state’s laws;agreements between states relating to conflicts of jurisdiction; limitation oncompensation for claims in this state and other jurisdictions

 

656.128 Soleproprietors, limited liability company members, partners, independentcontractors may elect coverage by insurer; cancellation

 

656.132 Coverageof minors

 

656.135 Coverageof deaf school work experience trainees

 

656.138 Coverageof apprentices, trainees participating in related instruction classes

 

656.140 Coverageof persons operating equipment for hire

 

656.154 Injurydue to negligence or wrong of a person not in the same employ as injuredworker; remedy against such person

 

656.156 Intentionalinjuries

 

656.160 Effectof incarceration on receipt of compensation

 

656.170 Validityof provisions of certain collective bargaining agreements; alternative disputeresolution systems; exclusive medical service provider lists; authority ofdirector

 

656.172 Applicabilityof and criteria for establishing program under ORS 656.170

 

656.174 Rules

 

APPLICABILITYPROVISIONS

 

656.202 Compensationpayable to subject worker in accordance with law in effect at time of injury;exceptions; notice regarding payment

 

Note Implementationof 1990 Laws

 

Note Implementationof 1995 Laws

 

Note Implementationof 1997 Laws

 

Note Implementationof 2001 Laws

 

Note Implementationof 2003 Laws

 

Note Implementationof 2005 Laws

 

Note Implementationof 2007 Laws

 

Note Implementationof 2009 Laws

 

COMPENSATIONAND MEDICAL BENEFITS

 

656.204 Death

 

656.206 Permanenttotal disability

 

656.208 Deathduring permanent total disability

 

656.209 Offsettingpermanent total disability benefits against Social Security benefits

 

656.210 Temporarytotal disability; payment during medical treatment; election; rules

 

656.211 “Averageweekly wage” defined

 

656.212 Temporarypartial disability

 

656.214 Permanentpartial disability

 

Note Benefits,January 1, 1992, to December 31, 1995

 

Note Benefits,January 1, 1996, to December 31, 1997

 

Note Benefits,January 1, 1998, to October 23, 1999

 

Note Benefits,January 1, 2000, to December 31, 2004

 

Note Benefits,January 1, 2002, to December 31, 2004

 

656.216 Permanentpartial disability; method of payment; effect of prior receipt of temporarydisability payments

 

656.218 Continuanceof permanent partial disability payments to survivors; effect of death prior tofinal claim disposition

656.222 Compensationfor additional accident

 

656.225 Compensabilityof certain preexisting conditions

 

656.226 Cohabitantsand children entitled to compensation

 

656.228 Paymentsdirectly to beneficiary or custodian

 

656.230 Lumpsum award payments

 

656.232 Paymentsto aliens residing outside of United States

 

656.234 Compensationnot assignable nor to pass by operation of law; certain benefits subject tosupport obligations

 

656.236 Compromiseand release of claim matters except for medical benefits; approval byAdministrative Law Judge or board; approval by director for certain reservereimbursements; restriction on charging costs to workers; restriction onjoinder as parties for responsibility determinations

 

656.240 Deductionof benefits from sick leave payments paid to employees

 

656.245 Medicalservices to be provided; services by providers not members of managed careorganizations; authorizing temporary disability compensation and making findingof impairment for disability rating purposes by certain providers; review ofdisputed claims for medical services; rules

 

656.247 Paymentfor medical services prior to claim acceptance or denial; review of disputedservices; duty of health benefit plan to pay for certain medical services indenied claim

 

656.248 Medicalservice fee schedules; basis of fees; application to service provided bymanaged care organization; resolution of fee disputes; rules

 

656.250 Limitationon compensability of physical therapist services

 

656.252 Medicalreport regulation; rules; duties of attending physician or nurse practitioner;disclosure of information; notice of changing attending physician or nursepractitioner; copies of medical service billings to be furnished to worker

 

656.254 Medicalreport forms; sanctions; procedure for declaring health care practitionerineligible for workers’ compensation reimbursement

 

656.256 Considerationsfor rules regarding certain rural hospitals

 

656.258 Vocationalassistance service payments

 

656.260 Certificationprocedure for managed health care provider; peer review, quality assurance,service utilization and contract review; confidentiality of certaininformation; immunity from liability; rules; medical service dispute resolution

 

PROCEDUREFOR OBTAINING COMPENSATION

 

656.262 Processingof claims and payment of compensation; payment by employer; acceptance anddenial of claim; penalties and attorney fees; cooperation by worker andattorney in claim investigation; rules

 

656.263 Towhom notices sent under ORS 656.262, 656.265, 656.268 to 656.289, 656.295 to656.325 and 656.382 to 656.388

 

656.264 Compensableinjury, denied claim and other reports

 

656.265 Noticeof accident from worker

 

656.266 Burdenof proving compensability and nature and extent of disability

 

656.267 Claimsfor new and omitted medical conditions

⚖️ State Laws