ORS § 659a.049 — OR Code / Title 51 / Chapter 659a / Section 659a.049
659A.049 Rights of reinstatement and reemployment protected
Status: in_force

The rights of reinstatement afforded by ORS 659A.043 (Reinstatement of injured worker to former position) and 659A.046 (Reemployment of injured worker in other available and suitable work) shall not be forfeited if the worker refuses to return to the worker’s regular or other offered employment without release to such employment by the worker’s attending physician or a nurse practitioner authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided) . [Formerly 659.417; 2003 c.811 §§25,26; 2007 c.365 §13]

Source: Section 659A.049 — Rights of reinstatement and reemployment protected , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 659a.415 — OR Code / Title 51 / Chapter 659a / Section 659a.415
659A.415 Liability for damages
Status: in_force

(1) Places of public accommodation, and employees of places of public accommodation, are not liable for any damages suffered by a customer, or by any person accompanying a customer, while using an employee toilet facility pursuant to ORS 659A.413 (Denial of access prohibited) unless the damages are the result of an intentional tort or gross negligence.

(2) A place of public accommodation is not required to make any physical changes to an employee toilet facility by reason of ORS 659A.413 (Denial of access prohibited) . [2009 c.415 §3]

Note: See note under 659A.411 (Definitions for ORS 659A.411 to 659A.415) .

Source: Section 659A.415 — Liability for damages; physical changes not required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 659a.309 — OR Code / Title 51 / Chapter 659a / Section 659a.309
659A.309 Discrimination solely because of employment of another family member prohibited
Status: in_force

"Oregon laws protect you from being discriminated against at work. That means you can’t be fired or demoted, paid less, or otherwise treated differently because of certain characteristics about you." Bibliographic info

(1) Except as provided in subsection (2) of this section, it is an unlawful employment practice for an employer solely because another member of an individual’s family works or has worked for that employer to:

(a) Refuse to hire or employ an individual;

(b) Bar or discharge from employment an individual; or

(c) Discriminate against an individual in compensation or in terms, conditions or privileges of employment.

(2) An employer is not required to hire or employ and is not prohibited from barring or discharging an individual if such action:

(a) Would constitute a violation of any law of this state or of the United States, or any rule promulgated pursuant thereto, with which the employer is required to comply;

(b) Would constitute a violation of the conditions of eligibility for receipt by the employer of financial assistance from the government of this state or the United States;

(c) Would place the individual in a position of exercising supervisory, appointment or grievance adjustment authority over a member of the individual’s family or in a position of being subject to such authority which a member of the individual’s family exercises; or

(d) Would cause the employer to disregard a bona fide occupational requirement reasonably necessary to the normal operation of the employer’s business.

(3) As used in this section, “member of an individual’s family” means the spouse in a marriage, son, daughter, parent, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, parent-in-law, aunt, uncle, niece, nephew, stepparent or stepchild of the individual. [Formerly 659.340; 2015 c.629 §56]

Source: Section 659A.309 — Discrimination solely because of employment of another family member prohibited; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 656.225 — OR Code / Title 51 / Chapter 656 / Section 656.225
656.225 Compensability of certain preexisting conditions
Status: in_force

In accepted injury or occupational disease claims, disability solely caused by or medical services solely directed to a worker’s preexisting condition are not compensable unless:

(1) In occupational disease or injury claims other than those involving a preexisting mental disorder, work conditions or events constitute the major contributing cause of a pathological worsening of the preexisting condition.

(2) In occupational disease or injury claims involving a preexisting mental disorder, work conditions or events constitute the major contributing cause of an actual worsening of the preexisting condition and not just of its symptoms.

(3) In medical service claims, the medical service is prescribed to treat a change in the preexisting condition as specified in subsection (1) or (2) of this section, and not merely as an incident to the treatment of a compensable injury or occupational disease. [1995 c.332 §3]

Source: Section 656.225 — Compensability of certain preexisting conditions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 656.037 — OR Code / Title 51 / Chapter 656 / Section 656.037
656.037 Exemption from coverage for persons engaged in certain real estate activities
Status: in_force

A person contracting to pay remuneration for professional real estate activity as defined in ORS chapter 696 to a qualified real estate broker or qualified principal real estate broker, as defined in ORS 316.209 (Applicability of ORS 316.162 to 316.221 when services performed by qualified real estate broker or direct seller) , is not an employer of that qualified broker under the Workers’ Compensation Law. A qualified real estate broker or qualified principal real estate broker is not entitled to benefits under the Workers’ Compensation Law unless such individual has obtained coverage for such benefits pursuant to ORS 656.128 (Sole proprietors, limited liability company members, partners, independent contractors may elect coverage by insurer) . [1983 c.597 §5; 2001 c.300 §71]

Source: Section 656.037 — Exemption from coverage for persons engaged in certain real estate activities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 652.615 — OR Code / Title 51 / Chapter 652 / Section 652.615
652.615 Remedy for violation of ORS 652.610
Status: in_force

There is hereby created a private cause of action for a violation of ORS 652.610 (Itemized statement of amounts and purposes of deductions) (3) for actual damages or $200, whichever is greater. In any such action the court may award to the prevailing party, in addition to costs and disbursements, reasonable attorney fees. [1981 c.594 §7]

Source: Section 652.615 — Remedy for violation of ORS 652.610 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 663.165 — OR Code / Title 51 / Chapter 663 / Section 663.165
663.165 Procedure for terminating or modifying existing collective bargaining contract
Status: in_force

(1) Notwithstanding ORS 663.010 (“Collective bargaining” defined) , if there is in effect a collective-bargaining contract covering employees in an industry, the duty to bargain collectively also means that no party to the contract shall terminate or modify the contract, unless the party desiring termination or modification:

(a) Serves a written notice upon the other party to the contract of the proposed termination or modification 60 days before the expiration date thereof, or in the event the contract contains no expiration date, 60 days before the time it is proposed to make such termination or modification;

(b) Offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications;

(c) Notifies the State Conciliation Service within 30 days after notice of the existence of a dispute, if no agreement has been reached by that time; and

(d) Continues in full force and effect, without resorting to strike or lockout, all the terms and conditions of the existing contract for a period of 60 days after such notice is given or until the expiration date of the contract, whichever occurs later.

(2) The duties imposed upon employers, employees and labor organizations by subsection (1)(b), (c) and (d) of this section:

(a) Become inapplicable upon an intervening election and certification under which the labor organization or individual which is a party to the contract has been superseded as or ceased to be the representative of the employees; and

(b) Do not require either party to discuss or agree to any modification of the terms and conditions contained in a contract for a fixed period, if the modification is to become effective before the terms and conditions can be reopened under the provisions of the contract.

(3) Any employee who engages in a strike within the 60-day period specified in this section loses status as an employee of the employer engaged in the particular labor dispute, for the purposes of this chapter, but the loss of status for the employee terminates if the employee is reemployed by the employer. [1971 c.729 §17]

Source: Section 663.165 — Procedure for terminating or modifying existing collective bargaining contract; notice; negotiation meetings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors663.­html (accessed May 26, 2025).
ORS § 657b.005 — OR Code / Title 51 / Chapter 657b / Section 657b.005
657B.005 Legislative findings
Status: in_force

The Legislative Assembly finds that:

(1) Employees experience a variety of caregiving obligations that interfere with work time.

(2) It is in the public interest to create a family and medical leave insurance program to provide to employees and certain other individuals compensated time off from work to care for and bond with a child during the first year after the child’s birth or arrival through adoption or foster care, to provide care for a family member who has a serious health condition or to recover from an employee’s or an individual’s own serious health condition. [2019 c.700 §1]

Source: Section 657B.005 — Legislative findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657B.­html (accessed May 26, 2025).
ORS § 659a.033 — OR Code / Title 51 / Chapter 659a / Section 659a.033
659A.033 Violation of ORS 659A.030 by denying religious leave or prohibiting certain religious observances or practices
Status: in_force

(1) An employer violates ORS 659A.030 (Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile record prohibited) if:

(a) The employer does not allow an employee to use vacation leave, or other leave available to the employee, for the purpose of allowing the employee to engage in the religious observance or practices of the employee; and

(b) Reasonably accommodating use of the leave by the employee will not impose an undue hardship on the operation of the business of the employer as described in subsections (4) and (5) of this section.

(2) Subsection (1) of this section applies only to leave that is not restricted as to the manner in which the leave may be used and that the employer allows the employee to take by adjusting or altering the work schedule or assignment of the employee.

(3) An employer violates ORS 659A.030 (Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile record prohibited) if:

(a) The employer imposes an occupational requirement that restricts the ability of an employee to wear religious clothing in accordance with the employee’s sincerely held religious beliefs, to take time off for a holy day or to take time off to participate in a religious observance or practice;

(b) Reasonably accommodating those activities does not impose an undue hardship on the operation of the business of the employer as described in subsections (4) and (5) of this section; and

(c) The activities have only a temporary or tangential impact on the employee’s ability to perform the essential functions of the employee’s job.

(4) A reasonable accommodation imposes an undue hardship on the operation of the business of the employer for the purposes of this section if the accommodation requires significant difficulty or expense. For the purpose of determining whether an accommodation requires significant difficulty or expense, the following factors shall be considered:

(a) The nature and the cost of the accommodation needed.

(b) The overall financial resources of the facility or facilities involved in the provision of the accommodation, the number of persons employed at the facility and the effect on expenses and resources or other impacts on the operation of the facility caused by the accommodation.

(c) The overall financial resources of the employer, the overall size of the business of the employer with respect to the number of persons employed by the employer and the number, type and location of the employer’s facilities.

(d) The type of business operations conducted by the employer, including the composition, structure and functions of the workforce of the employer and the geographic separateness and administrative or fiscal relationship of the facility or facilities of the employer.

(e) The safety and health requirements in a facility, including requirements for the safety of other employees and any other person whose safety may be adversely impacted by the requested accommodation.

(f) The degree to which an accommodation may constrain the obligation of a school district, education service district or public charter school to maintain a religiously neutral work environment.

(5) A reasonable accommodation imposes an undue hardship on the operation of the business of the employer for the purposes of this section if the accommodation would constrain the legal obligation of a school district, education service district or public charter school to:

(a) Maintain religious neutrality in the school environment; or

(b) Refrain from endorsing religion. [2009 c.744 §2; 2010 c.105 §1]

Source: Section 659A.033 — Violation of ORS 659A.030 by denying religious leave or prohibiting certain religious observances or practices; determination of reasonable accommodation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 656.724 — OR Code / Title 51 / Chapter 656 / Section 656.724
656.724 Administrative Law Judges
Status: in_force

(1) The Workers’ Compensation Board chairperson, after consultation with the board, shall employ Administrative Law Judges to hold such hearings as may be prescribed by law. An Administrative Law Judge must be a member in good standing of the Oregon State Bar, or the bar of the highest court of record in any other state or currently admitted to practice before the federal courts in the District of Columbia. Administrative Law Judges shall qualify in the same manner as members of the board under ORS 656.716 (Board members not to engage in political or business activity that interferes with duties as board member) (2). The board chairperson, after consultation with the board, may appoint Administrative Law Judges to serve for a probationary period of 18 months or less prior to regular employment.

(2) Administrative Law Judges are in the unclassified service under ORS chapter 240, and the board shall fix their salaries in accordance with ORS 240.245 (Application of chapter to exempt service) .

(3) Intentionally left blank —Ed.

(a) The board chairperson, after consultation with the board, shall establish criteria whereby each Administrative Law Judge shall receive an annual performance evaluation. Such criteria shall include, but not be limited to, work quality and productivity.

(b) The employment of each Administrative Law Judge shall be subject to formal review by the board chairperson every four years. Complaints and comments filed with the board chairperson regarding the official conduct, competence or fitness of an Administrative Law Judge, as well as the board’s records, shall be reviewed by the board chairperson. Not less than 90 days prior to the expiration of the probationary period, or within 180 days but not less than 90 days prior to each four-year review, the board chairperson shall solicit comments from attorneys practicing in the field of workers’ compensation. These comments and all complaints and other records filed with the board chairperson regarding the official conduct, competence or fitness of an Administrative Law Judge shall be reviewed by the board. The board chairperson shall conduct an annual survey of all attorneys regularly participating in workers’ compensation cases, in such manner as to allow the attorneys to remain anonymous while rating the Administrative Law Judges as to knowledge of workers’ compensation law, judicial temperament, capability to handle hearings, diligence, efficiency and other similar factors. The results of the survey shall be published by the board chairperson, listing each Administrative Law Judge by name.

(c) Notwithstanding ORS 240.240 (Application of chapter to unclassified or management service) and in accordance with ORS 240.555 (Suspension, reduction, demotion or dismissal) and 240.560 (Appeal procedure) , an Administrative Law Judge may be removed at any time, for official misconduct, incompetence, inefficiency, indolence, malfeasance or other unfitness to render effective service.

(4) Administrative Law Judges have the same powers granted to board members or assistants under ORS 656.726 (Duties and powers to carry out workers’ compensation and occupational safety laws) (2)(a), (b), (c) and (d).

(5) A presiding Administrative Law Judge shall be appointed by the board chairperson and shall serve as presiding Administrative Law Judge at the pleasure of the board chairperson. The presiding Administrative Law Judge shall perform such administrative duties as the board chairperson may delegate. The board chairperson may designate another Administrative Law Judge to serve as acting presiding Administrative Law Judge during any period when the presiding Administrative Law Judge is absent or disabled.

(6) Notwithstanding subsections (1) to (5) of this section, the board chairperson, after consultation with the board, may employ any member of the Oregon State Bar to serve as an Administrative Law Judge on a temporary basis, not to exceed one year, when the board chairperson determines that such employment is necessary in the conduct of the business of the Hearings Division. Criteria and procedures for selecting and employing such Administrative Law Judges shall be identical to those established for regularly employed Administrative Law Judges.

(7) It is the declared purpose of this section to foster and protect the Administrative Law Judges’ ability to provide full, fair and speedy hearings and decisions. [1965 c.285 §53a; 1965 c.564 §6; 1967 c.180 §1; 1971 c.695 §9; 1973 c.774 §1; 1979 c.677 §1; 1979 c.839 §19; 1981 c.535 §44; 1985 c.212 §11; 1987 c.884 §13; 1989 c.1094 §4; 1990 c.2 §39; 1995 c.332 §51; 1999 c.876 §8]

Source: Section 656.724 — Administrative Law Judges; appointment; qualifications; term; performance survey; removal procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 658.417 — OR Code / Title 51 / Chapter 658 / Section 658.417
658.417 Additional requirements for forestation activities
Status: in_force

In addition to the regulation otherwise imposed upon labor contractors pursuant to ORS 658.405 (Definitions for ORS 658.405 to 658.511) to 658.511 (Wage claim against property services contractor or construction labor contractor) , a person who acts as a farm labor contractor with regard to the forestation or reforestation of lands shall:

(1) Obtain a special indorsement from the Commissioner of the Bureau of Labor and Industries on the license required by ORS 658.410 (Labor contractor license requirement) that authorizes the person to act as a farm labor contractor with regard to the forestation or reforestation of lands.

(2) Pay the fee established under ORS 658.413 (Fee schedule for licenses, indorsements and renewals) . [1983 c.654 §2; 1999 c.399 §4; 2005 c.340 §1; 2007 c.160 §2; 2013 c.584 §9]

Source: Section 658.417 — Additional requirements for forestation activities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors658.­html (accessed May 26, 2025).
ORS § 656.855 — OR Code / Title 51 / Chapter 656 / Section 656.855
656.855 Licensing system for worker leasing companies
Status: in_force

(1) In accordance with any applicable provision of ORS chapter 183, the Director of the Department of Consumer and Business Services, by rule, shall establish a licensing system for worker leasing companies. Such system shall include, but not be limited to:

(a) Prescribing the form and content of and the times and procedures for submitting applications for license issuance or renewal.

(b) Prescribing the term of the license and the fee for original issuance and renewal of the license. The fees shall be set in an amount necessary to support the administration of this section and ORS 656.850 (License) .

(c) Prescribing those violations of this section or of ORS 656.850 (License) for which the director may refuse to issue or renew or may suspend or revoke a license.

(d) Prescribing the form and contents of records a licensee is required to maintain and specifying the times, places and manner of audit by the director of those records.

(2) All moneys received by the director pursuant to this section shall be credited to the Consumer and Business Services Fund and are appropriated continuously to the director to carry out the provisions of this section and ORS 656.850 (License) . [1993 c.628 §3]

Source: Section 656.855 — Licensing system for worker leasing companies; rules; fees; dedication of moneys received , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 656.308 — OR Code / Title 51 / Chapter 656 / Section 656.308
656.308 Responsibility for payment of claims
Status: in_force

(1) When a worker sustains a compensable injury, the responsible employer shall remain responsible for future compensable medical services and disability relating to the compensable condition unless the worker sustains a new compensable injury involving the same condition. If a new compensable injury occurs, all further compensable medical services and disability involving the same condition shall be processed as a new injury claim by the subsequent employer. The standards for determining the compensability of a combined condition under ORS 656.005 (Definitions) (7) shall also be used to determine the occurrence of a new compensable injury or disease under this section.

(2) Intentionally left blank —Ed.

(a) Any insurer or self-insured employer who disputes responsibility for a claim shall so indicate in or as part of a denial otherwise meeting the requirements of ORS 656.262 (Processing of claims and payment of compensation) issued in the 60 days allowed for processing of the claim. The denial shall advise the worker to file separate, timely claims against other potentially responsible insurers or self-insured employers, including other insurers for the same employer, in order to protect the right to obtain benefits on the claim. The denial may list the names and addresses of other insurers or self-insured employers. Such denials shall be final unless the worker files a timely request for hearing pursuant to ORS 656.319 (Time within which hearing must be requested) . All such requests for hearing shall be consolidated into one proceeding.

(b) No insurer or self-insured employer, including other insurers for the same employer, shall be joined to any workers’ compensation hearing unless the worker has first filed a timely, written claim against that insurer or self-insured employer, or the insurer or self-insured employer has consented to issuance of an order designating a paying agent pursuant to ORS 656.307 (Determination of issues regarding responsibility for compensation payment) . An insurer or self-insured employer against whom a claim is filed may contend that responsibility lies with another insurer or self-insured employer, including another insurer for the same employer, regardless of whether the worker has filed a claim against that insurer or self-insured employer.

(c) Upon written notice by an insurer or self-insured employer filed not more than 28 days or less than 14 days before the hearing, the Administrative Law Judge shall dismiss that party from the proceeding if the record does not contain substantial evidence to support a finding of responsibility against that party. The Administrative Law Judge shall decide such motions and inform the parties not less than seven days prior to the hearing, or postpone the hearing.

(d) Notwithstanding ORS 656.382 (Penalties and attorney fees payable by insurer or employer in processing claim) (2), 656.386 (Recovery of attorney fees, expenses and costs in appeal on denied claim) and 656.388 (Approval of attorney fees required) , a reasonable attorney fee shall be awarded to the attorney for the injured worker for the attorney’s appearance and active and meaningful participation in finally prevailing against a responsibility denial. The fee shall not exceed $2,500 absent a showing of extraordinary circumstances. The maximum attorney fee awarded under this paragraph shall be adjusted annually on July 1 by the same percentage increase as made to the average weekly wage defined in ORS 656.211 (“Average weekly wage” defined) , if any.

(3) A worker who is a party to an approved disputed claim settlement agreement under ORS 656.289 (Orders of Administrative Law Judge) (4) may not subsequently file a claim against an insurer or a self-insured employer who is a party to the agreement with regard to claim conditions settled in the agreement even if other insurers or employers disclaim responsibility for those claim conditions. A worker who is a party to an approved claim disposition agreement under ORS 656.236 (Compromise and release of claim matters except for medical benefits) (1) may not subsequently file a claim against an insurer or a self-insured employer who is a party to the agreement with regard to any matter settled in the agreement even if other insurers or employers disclaim responsibility for those claim conditions, unless the claim in the subsequent proceeding is limited to a claim for medical services for claim conditions settled in the agreement. [1990 c.2 §49; 1995 c.332 §37; 2001 c.865 §8; 2009 c.526 §2]

Source: Section 656.308 — Responsibility for payment of claims; effect of new injury; denial of responsibility; procedure for joining employers and insurers; attorney fees; limitation on filing claims subject to settlement agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 656.154 — OR Code / Title 51 / Chapter 656 / Section 656.154
656.154 Injury due to negligence or wrong of a person not in the same employ as injured worker
Status: in_force

If the injury to a worker is due to the negligence or wrong of a third person not in the same employ, the injured worker, or if death results from the injury, the spouse, children or other dependents, as the case may be, may elect to seek a remedy against such third person. [Amended by 1959 c.504 §1; 1975 c.152 §1; 1985 c.212 §4]

Source: Section 656.154 — Injury due to negligence or wrong of a person not in the same employ as injured worker; remedy against such person , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 657.221 — OR Code / Title 51 / Chapter 657 / Section 657.221
657.221 Benefits payable to nonprofessional educational institution employees
Status: in_force

(1) Benefits based on services performed in other than an instructional, research or principal administrative capacity for an educational institution or institution of higher education shall be payable to an individual in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other service subject to this chapter.

(2) This section applies only to service performed for an educational institution or institution of higher education operated by:

(a) A nonprofit employing unit;

(b) This state;

(c) A political subdivision of this state; or

(d) An Indian tribe. [1973 c.715 §6; 1975 c.284 §2; 1977 c.241 §3; 1981 c.60 §2; 1983 c.343 §1; 1983 c.528 §3; 1983 c.538 §1; 1985 c.226 §3; 1985 c.748 §2; 2001 c.572 §9; 2005 c.218 §13; 2016 c.15 §1; 2017 c.308 §1; 2019 c.407 §1; 2021 c.79 §1; 2023 c.180 §1]

Note: Section 4, chapter 180, Oregon Laws 2023, provides:

Sec. 4. (1) If the United States Secretary of Labor serves notice that any provisions of ORS 657.221 (Benefits payable to nonprofessional educational institution employees) , as amended by section 1 of this 2023 Act, or rules adopted under ORS 657.221 (Benefits payable to nonprofessional educational institution employees) , as amended by section 1 of this 2023 Act, fail to meet the requirements of the Social Security Act or the Federal Unemployment Tax Act, the nonconforming provisions or rules shall no longer be of any force or effect.

(2) The Director of the Employment Department shall notify the Legislative Counsel as soon as practicable after receipt of the notice described in subsection (1) of this section. [2023 c.180 §4]

Source: Section 657.221 — Benefits payable to nonprofessional educational institution employees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 653.455 — OR Code / Title 51 / Chapter 653 / Section 653.455
653.455 Compensation for work schedule changes
Status: in_force

(1) As used in this section:

(a) “Group communication” means communication to all eligible employees, either written or oral.

(b) “Ticketed event” means a sporting, entertainment, civic, charitable or other event that requires a ticket for admission. The ticket may be electronic, physical or a name on a list held by the event organizer.

(2) An employer shall provide the following compensation to an employee for each employer-requested change that occurs to the employee’s written work schedule without the advance notice required in ORS 653.436 (Advance notice of work schedule) :

(a) One hour of pay at the employee’s regular rate of pay, in addition to wages earned, when the employer:

(A) Adds more than 30 minutes of work to the employee’s work shift;

(B) Changes the date or start or end time of the employee’s work shift with no loss of hours; or

(C) Schedules the employee for an additional work shift or on-call shift.

(b) One-half times the employee’s regular rate of pay per hour for each scheduled hour that the employee does not work when the employer:

(A) Subtracts hours from the employee’s work shift before or after the employee reports for duty;

(B) Changes the date or start or end time of the employee’s work shift, resulting in a loss of work shift hours;

(C) Cancels the employee’s work shift; or

(D) Does not ask the employee to perform work when the employee is scheduled for an on-call shift.

(3) The requirements for additional compensation in this section do not apply when:

(a) An employer changes the start or end time of an employee’s work shift by 30 minutes or less;

(b) An employee mutually agrees with another employee to employee-initiated work shift swaps or coverage. The employer may require that work shift swaps or coverage under this paragraph be preapproved by the employer. The employer may assist employees in finding such arrangements, provided that any employer assistance must be limited to helping an employee identify other employees who may be available to provide work shift swaps or coverage and may not include the employer arranging the work shift swap or coverage;

(c) An employee requests changes to the employee’s written work schedule, including adding or subtracting hours, and the employee documents the request in writing;

(d) An employer makes changes to an employee’s written work schedule at the employee’s request under ORS 653.436 (Advance notice of work schedule) (6);

(e) An employer subtracts hours from an employee’s work schedule for disciplinary reasons for just cause, provided the employer documents the incident leading to the employee’s discipline in writing;

(f) An employee’s work shift or on-call shift cannot begin or continue due to threats to employees or property or due to the recommendation of a public official;

(g) Operations cannot begin or continue because public utilities fail to supply electricity, water or gas or there is a failure in the public utilities or sewer system;

(h) Operations cannot begin or continue due to a natural disaster or a similar cause not within the employer’s control, including when the natural disaster or similar cause physically affects the work site;

(i) Operations hours change or are substantially altered because a ticketed event is canceled, rescheduled or changes in duration due to circumstances that are outside the employer’s control and that occur after the employer provides the written work schedule under ORS 653.436 (Advance notice of work schedule) ;

(j) An employer requests that an employee on a voluntary standby list work additional hours as described in ORS 653.432 (Voluntary standby list) and the employee consents to work the additional hours; or

(k) Intentionally left blank —Ed.

(A) An employer requests that an employee work additional hours to address unanticipated customer needs or unexpected employee absence;

(B) The employee consents in writing to work the additional hours;

(C) If the employer maintains a voluntary standby list described in ORS 653.432 (Voluntary standby list) , the employer has contacted all of the employees listed on the voluntary standby list and requires additional employee coverage; and

(D) Intentionally left blank —Ed.

(i) If the employee is working a work shift at the time the employer makes the request, the employer makes the request either individually or as part of a group communication; or

(ii) If the employee is not working a work shift at the time the employer makes the request, the employer makes the request through a group communication. [2017 c.691 §7]

Note: See note under 653.412 (Definitions) .

Source: Section 653.455 — Compensation for work schedule changes; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors653.­html (accessed May 26, 2025).
ORS § 658.825 — OR Code / Title 51 / Chapter 658 / Section 658.825
658.825 Determination of violation of other provisions required
Status: in_force

The Commissioner of the Bureau of Labor and Industries shall not revoke, suspend or refuse to renew or reissue an indorsement under ORS 658.740 (Revocation, suspension, refusal to issue or renew indorsement) or any rule adopted thereunder, or assess penalties under ORS 658.850 (Civil penalties) for violations of ORS chapter 654 or any rule adopted thereunder unless the Department of Consumer and Business Services has determined that the operator has failed to comply with ORS chapter 654 or any rules adopted thereunder. [1989 c.962 §19; 1995 c.500 §9]

Source: Section 658.825 — Determination of violation of other provisions required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors658.­html (accessed May 26, 2025).
ORS § 656.386 — OR Code / Title 51 / Chapter 656 / Section 656.386
656.386 Recovery of attorney fees, expenses and costs in appeal on denied claim
Status: in_force

(1) Intentionally left blank —Ed.

(a) In all cases involving denied claims where a claimant finally prevails against the denial in an appeal to the Court of Appeals or petition for review to the Supreme Court, the court shall allow a reasonable attorney fee to the claimant’s attorney. In such cases involving denied claims where the claimant prevails finally in a hearing before an Administrative Law Judge or in a review by the Workers’ Compensation Board, then the Administrative Law Judge or board shall allow a reasonable attorney fee. In such cases involving denied claims where an attorney is instrumental in obtaining a rescission of the denial prior to a decision by the Administrative Law Judge, a reasonable attorney fee shall be allowed.

(b) For purposes of this section, a “denied claim” is:

(A) A claim for compensation which an insurer or self-insured employer refuses to pay on the express ground that the injury or condition for which compensation is claimed is not compensable or otherwise does not give rise to an entitlement to any compensation;

(B) A claim for compensation for a condition omitted from a notice of acceptance, made pursuant to ORS 656.262 (Processing of claims and payment of compensation) (6)(d), which the insurer or self-insured employer does not respond to within 60 days;

(C) A claim for an aggravation made pursuant to ORS 656.273 (Aggravation for worsened conditions) (2) or for a new medical condition made pursuant to ORS 656.267 (Claims for new and omitted medical conditions) , which the insurer or self-insured employer does not respond to within 60 days; or

(D) A claim for an initial injury or occupational disease to which the insurer or self-insured employer does not respond within 60 days.

(c) A denied claim shall not be presumed or implied from an insurer’s or self-insured employer’s failure to pay compensation for a previously accepted injury or condition in timely fashion. Attorney fees provided for in this subsection shall be paid by the insurer or self-insured employer.

(2) Intentionally left blank —Ed.

(a) If a claimant finally prevails against a denial as provided in subsection (1) of this section, the court, board or Administrative Law Judge may order payment of the claimant’s reasonable expenses and costs for records, expert opinions and witness fees.

(b) The court, board or Administrative Law Judge shall determine the reasonableness of witness fees, expenses and costs for the purpose of paragraph (a) of this subsection.

(c) Payments for witness fees, expenses and costs ordered under this subsection shall be made by the insurer or self-insured employer and are in addition to compensation payable to the claimant.

(d) Payments for witness fees, expenses and costs ordered under this subsection may not exceed $1,500 unless the claimant demonstrates extraordinary circumstances justifying payment of a greater amount.

(3) If a claimant requests claim reclassification as provided in ORS 656.277 (Request for reclassification of nondisabling claim) and the insurer or self-insured employer does not respond within 14 days of the request, or if the claimant, insurer or self-insured employer requests a hearing, review, appeal or cross-appeal to the Court of Appeals or petition for review to the Supreme Court and the Director of the Department of Consumer and Business Services, Administrative Law Judge, board or court finally determines that the claim should be classified as disabling, the director, Administrative Law Judge, board or court may assess a reasonable attorney fee.

(4) In disputes involving a claim for costs, if the claimant prevails on the claim for any increase of costs, the Administrative Law Judge, board, Court of Appeals or Supreme Court shall award a reasonable assessed attorney fee to the claimant’s attorney.

(5) In all other cases, attorney fees shall be paid from the increase in the claimant’s compensation, if any, except as otherwise expressly provided in this chapter. [Formerly 656.588; 1977 c.804 §14; 1981 c.854 §25; 1983 c.568 §2; 1990 c.2 §29; 1991 c.312 §1; 1995 c.332 §43; 1997 c.605 §3; 2001 c.865 §9; 2007 c.908 §1; 2009 c.526 §5; 2015 c.521 §7]

Source: Section 656.386 — Recovery of attorney fees, expenses and costs in appeal on denied claim; attorney fees in other cases , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 657.140 — OR Code / Title 51 / Chapter 657 / Section 657.140
657.140 Wages
Status: in_force

As used in this chapter, “wages” or “remuneration” does not include the amount or value of public assistance provided in cash or in kind in consequence of participation in a community work and training program, as defined in ORS 411.855 (Definitions for ORS 411.855 to 411.870) . [1961 c.631 §7; 1965 c.291 §5; 1967 c.130 §10]

Source: Section 657.140 — Wages; exclusion of assistance to individuals under community work and training program , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 652.570 — OR Code / Title 51 / Chapter 652 / Section 652.570
652.570 Priority of wage claims over transfers in payment of preexisting obligations
Status: in_force

(1) Every sale or transfer of any property in payment of any preexisting debt, or obligation, and every mortgage or lien created or executed to secure the payment of a preexisting debt, shall be void as against laborers or employees of such vendor, mortgagor, or other lien debtor, to the extent of their claims for wages, in the amount of $2,000, or 30 days of wages, whichever amount is the greater, to each of said laborers which may be owing for work or labor performed within 90 days next preceding such sale and transfer or the execution of such lien or mortgage, if the laborer or employee claiming the benefit of this section:

(a) Within 10 days after the actual delivery of the property or within 30 days after the recording of any such deed, transfer, mortgage or lien, gives such owner or holder of such lien or such vendee notice of the claim of the laborer or employee substantially in the form and verified as provided in ORS 652.520 (Form of statement of wage claim) , which notice shall be served by delivering it or a copy thereof to such owner or holder of such lien or such vendee in person or, in case the owner, holder or vendee cannot be found within the county in which such lien or deed may be of record after diligent inquiry, by delivering the notice or a copy thereof to the clerk of the county court for such owner or holder of such lien or such vendee; and

(b) Within 30 days after the notice of claim is served commences court action to pursue the claim.

(2) The vendee or mortgage or lienholder, or an assignee, may pay such claim and thereby be subrogated to the rights and lien of such laborer or employee, as against the vendor, principal debtor or mortgagor, and as against subsequent mortgagees or other subsequent lien creditors.

(3) This section does not apply to any mortgage or lien given in renewal of a preexisting mortgage or lien. [Amended by 1977 c.288 §2; 1989 c.651 §1]

STATEMENTS RELATING TO EMPLOYEE’S SALARY AND DEDUCTIONS

Source: Section 652.570 — Priority of wage claims over transfers in payment of preexisting obligations; payment and subrogation of transferee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 656.256 — OR Code / Title 51 / Chapter 656 / Section 656.256
656.256 Considerations for rules regarding certain rural hospitals
Status: in_force

Whenever the Workers’ Compensation Division of the Department of Consumer and Business Services adopts any rule affecting a type A or B rural hospital, the division shall take into consideration the risk assessment formula set forth in ORS 442.520 (Risk assessment formula) (2). [1991 c.947 §19]

Source: Section 656.256 — Considerations for rules regarding certain rural hospitals , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 657.490 — OR Code / Title 51 / Chapter 657 / Section 657.490
657.490 Employer or employee has no prior right to employer’s contributions
Status: in_force

This chapter shall not be construed to grant any employer or any individual in the service of the employer prior claims or rights to the amount paid by the employer into the fund.

Source: Section 657.490 — Employer or employee has no prior right to employer’s contributions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 653.033 — OR Code / Title 51 / Chapter 653 / Section 653.033
653.033 Schedule to increase certain subminimum wage rates for individuals with disabilities
Status: in_force

(1) An employer who is authorized to employ individuals with disabilities at subminimum wage pursuant to a special certificate issued under 29 U.S.C. 214(c) or in accordance with rules under ORS 653.030 (Commissioner may prescribe lower rates in certain cases) or of the Department of Human Services may not employ or agree to employ individuals with disabilities at an hourly rate lower than:

(a) From July 1, 2020, to June 30, 2021, $9.25.

(b) From July 1, 2021, to June 30, 2022, $10.75.

(c) From July 1, 2022, to June 30, 2023, $12.50.

(2) After June 30, 2023, an employer who is authorized to employ individuals with disabilities at subminimum wage pursuant to a special certificate issued under 29 U.S.C. 214(c) or in accordance with rules under ORS 653.030 (Commissioner may prescribe lower rates in certain cases) or of the Department of Human Services may not employ or agree to employ individuals with disabilities at a rate lower than the hourly rate required under ORS 653.025 (Minimum wage rate) . [2019 c.371 §2]

Source: Section 653.033 — Schedule to increase certain subminimum wage rates for individuals with disabilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors653.­html (accessed May 26, 2025).
ORS § 655.525 — OR Code / Title 51 / Chapter 655 / Section 655.525
655.525 Procedure for review of claims
Status: in_force

Except as otherwise provided by rule of the Oregon Department of Administrative Services, an adult in custody or the beneficiary of the adult in custody may obtain review of action taken on the claim as provided in ORS 656.283 (Hearing rights and procedure) to 656.304 (When acceptance of compensation precludes hearing) . [1963 c.527 §6; 1965 c.285 §79e; 1983 c.740 §241a; 1995 c.384 §22; 2019 c.213 §109]

Source: Section 655.525 — Procedure for review of claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors655.­html (accessed May 26, 2025).
ORS § 663.235 — OR Code / Title 51 / Chapter 663 / Section 663.235
663.235 Injunctive relief authorized upon issuance of unfair labor practice complaint
Status: in_force

The Employment Relations Board, on issuance of a complaint charging that any person has engaged in or is engaging in an unfair labor practice, may petition the Court of Appeals for appropriate temporary relief or restraining order. On the filing of any such petition the court shall cause notice thereof to be served upon such person, and thereupon has jurisdiction to grant to the board such temporary relief or restraining order as the court considers just and proper. [1971 c.729 §31]

Source: Section 663.235 — Injunctive relief authorized upon issuance of unfair labor practice complaint; notice to defendant; court jurisdiction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors663.­html (accessed May 26, 2025).
ORS § 651.200 — OR Code / Title 51 / Chapter 651 / Section 651.200
651.200 Definitions
Status: in_force

As used in this section and ORS 651.205 (Posting notice of workplace rights for live entertainers) :

(1) “Live entertainment” means a presentation given in major part by humans to a live audience.

(2) “Live entertainment facility” means a place of public accommodation:

(a) That contains 600 or fewer fixed seats;

(b) That is operated for profit;

(c) That is privately owned;

(d) For which the performance of live entertainment is a contributing factor in the generation of revenue for the facility; and

(e) For which the number of live entertainment contractors exceeds the number of employees of the facility for at least two days during each week that the facility is open to the public. [2015 c.735 §1]

Note: 651.200 (Definitions) and 651.205 (Posting notice of workplace rights for live entertainers) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 651 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 651.200 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors651.­html (accessed May 26, 2025).
ORS § 659a.262 — OR Code / Title 51 / Chapter 659a / Section 659a.262
659A.262 Warrant on behalf of person entitled to access to housing
Status: in_force

(1) In the event that any person claiming to be an authorized or invited person is denied access to housing, the person may apply to any magistrate having jurisdiction to issue warrants, for an order authorizing the person to gain access to the housing.

(2) The application pursuant to this section shall be sworn and shall include allegations of the facts and circumstances under which the person alleges that the person is entitled to access under ORS 659A.250 (Definitions for ORS 659A.250 to 659A.262) to 659A.262 (Warrant on behalf of person entitled to access to housing) .

(3) If, on ex parte review of the application, it appears from the sworn allegations of the application that the person is entitled to access to the housing, the magistrate shall promptly issue an order restraining the owner of the housing from interfering with the access of the applicant to the housing.

(4) No fee, bond or undertaking shall be required in connection with proceedings under this section.

(5) On sufficient cause, the magistrate may enter further orders for the protection of residents of the housing, including the temporary sealing of the application, or portions thereof.

(6) Any person subject to an order referred to in subsections (1) to (5) of this section may request that the order be vacated or modified by filing a written motion with the court which issued the order.

(7) Upon receipt of a motion to modify or vacate the order, the court shall schedule a hearing.

(8) If after the hearing, the court determines that the applicant is not entitled to access, the court shall vacate or modify the order.

(9) The Bureau of Labor and Industries may adopt rules to carry out the provisions of ORS 659A.250 (Definitions for ORS 659A.250 to 659A.262) to 659A.262 (Warrant on behalf of person entitled to access to housing) . [Formerly 659.297]

PROTECTIONS BECAUSE OF DOMESTIC VIOLENCE, HARASSMENT, SEXUAL ASSAULT, BIAS OR STALKING

Source: Section 659A.262 — Warrant on behalf of person entitled to access to housing; vacation of warrant; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 660.415 — OR Code / Title 51 / Chapter 660 / Section 660.415
660.415 Assessments and reporting on performance and expenditure outcomes of certain workforce programs
Status: in_force

(1) The Higher Education Coordinating Commission, in collaboration with the State Workforce and Talent Development Board, the Bureau of Labor and Industries and the Department of Education, shall review each of the programs established under ORS 660.175 (Grant program for apprenticeship training in healthcare, manufacturing and construction) , 660.350 (Grant program for community colleges and universities providing students from priority populations with academic credit for prior experience and skills gained outside of traditional educational institutions) , 660.351 (Grant program for entities providing workforce programs to youth and young adults from priority populations) , 660.380 (Prosperity 10,000 Program) , 660.390 (Grant program for development of post-secondary career pathway programs) , 660.400 (Grant program for workforce programs in health care, manufacturing and technology sectors) , 660.405 (Grant program for collaborative pilot projects that employ workforce benefits navigators) and 660.410 (Program to convene statewide industry consortia in targeted industries) to assess performance and expenditure outcomes of the programs. In evaluating the programs, the commission shall compile the following information:

(a) For the programs established under ORS 660.175 (Grant program for apprenticeship training in healthcare, manufacturing and construction) , 660.350 (Grant program for community colleges and universities providing students from priority populations with academic credit for prior experience and skills gained outside of traditional educational institutions) , 660.380 (Prosperity 10,000 Program) , 660.390 (Grant program for development of post-secondary career pathway programs) , 660.400 (Grant program for workforce programs in health care, manufacturing and technology sectors) , 660.405 (Grant program for collaborative pilot projects that employ workforce benefits navigators) and 660.410 (Program to convene statewide industry consortia in targeted industries) :

(A) The number of individuals from priority populations who have registered for and who have completed a workforce program, including apprenticeship and preapprenticeship training programs;

(B) Data on job placement rates, wages and salary earnings and health and retirement benefits provided for individuals who participated in an established program;

(C) A description of any new or expanded workforce programs, including training programs, career pathway programs and apprenticeship and preapprenticeship training programs, established as a result of the programs described under ORS 660.175 (Grant program for apprenticeship training in healthcare, manufacturing and construction) , 660.350 (Grant program for community colleges and universities providing students from priority populations with academic credit for prior experience and skills gained outside of traditional educational institutions) , 660.380 (Prosperity 10,000 Program) , 660.390 (Grant program for development of post-secondary career pathway programs) , 660.400 (Grant program for workforce programs in health care, manufacturing and technology sectors) , 660.405 (Grant program for collaborative pilot projects that employ workforce benefits navigators) and 660.410 (Program to convene statewide industry consortia in targeted industries) ; and

(D) The types and amounts of any wraparound supports and services provided to individuals from priority populations.

(b) For the program established under ORS 660.351 (Grant program for entities providing workforce programs to youth and young adults from priority populations) :

(A) The number of youth or young adults from priority populations who have registered for or completed a youth workforce program;

(B) Data on job placement rates for youth or young adults from priority populations who have completed a youth workforce program; and

(C) A description of any new or expanded paid work experiences, workforce readiness training or job placement services created as a result of grants awarded under ORS 660.351 (Grant program for entities providing workforce programs to youth and young adults from priority populations) .

(2) In carrying out the duties described under subsection (1) of this section, the commission shall coordinate its activities with relevant state agencies and other workforce partners to:

(a) Identify opportunities for leveraging existing partnerships to align data collection standards and practices and to integrate data with any common data system among those partnerships;

(b) Support the commission’s assessment efforts and identify areas for future workforce development investments; and

(c) Facilitate communication with workforce stakeholders, including but not limited to job seekers, employers, community-based organizations and workforce service providers, in an inclusive manner and, when appropriate, provide stakeholders with access to the results and findings resulting from the commission’s review.

(3) By December 31 of each year, the commission shall prepare and submit a report that includes the information described in subsection (1) of this section, disaggregated by race, age, gender and geographical area, including any recommendations for future investments and opportunities to leverage private and federal funding to support investments, to the Governor and to the interim committees of the Legislative Assembly related to workforce development, in the manner provided in ORS 192.245 (Form of report to legislature) . In addition to including the information described under subsection (1) of this section, the report shall:

(a) Provide baseline estimates of statewide labor force participation rates that include, at a minimum:

(A) Long-term employment projections for health care and manufacturing;

(B) The progress made toward achieving the statewide educational attainment goals established under ORS 350.014 (Mission of education beyond high school) and 350.018 (Educational attainment goals for adult Oregonians not currently enrolled in academic programs) ; and

(C) Projections related to post-secondary educational attainment needs; and

(b) Describe how the programs established under ORS 660.175 (Grant program for apprenticeship training in healthcare, manufacturing and construction) , 660.350 (Grant program for community colleges and universities providing students from priority populations with academic credit for prior experience and skills gained outside of traditional educational institutions) , 660.380 (Prosperity 10,000 Program) , 660.390 (Grant program for development of post-secondary career pathway programs) , 660.400 (Grant program for workforce programs in health care, manufacturing and technology sectors) , 660.405 (Grant program for collaborative pilot projects that employ workforce benefits navigators) and 660.410 (Program to convene statewide industry consortia in targeted industries) contributed to statewide labor force participation by demonstrating, at a minimum, the following:

(A) The percentage of individuals who participated in an established program as compared to the share of the statewide labor force, by race;

(B) The percentage of individuals who participated in an established program as compared to the share of the statewide labor force, by gender;

(C) The percentage of individuals who participated in an established program and who received a post-secondary certificate, credential or degree as compared to the share of the statewide labor force, disaggregated by race, age, gender and geographical area;

(D) The number of individuals who participated in an established program and who received a post-secondary certificate, credential or degree as compared to the statewide educational attainment goals described under ORS 350.014 (Mission of education beyond high school) and 350.018 (Educational attainment goals for adult Oregonians not currently enrolled in academic programs) , disaggregated by race, age, gender and geographical area; and

(E) The job placement rates of individuals who participated in an established program as compared to long-term employment projections for health care and manufacturing, disaggregated by race, age, gender and geographical area.

(4) As used in this section:

(a) “Community-based organization” has the meaning given that term in ORS 660.390 (Grant program for development of post-secondary career pathway programs) .

(b) “Workforce service provider” has the meaning given that term in ORS 660.400 (Grant program for workforce programs in health care, manufacturing and technology sectors) .

(c) “Youth workforce program” has the meaning given that term in ORS 660.351 (Grant program for entities providing workforce programs to youth and young adults from priority populations) . [2022 c.28 §12]

Source: Section 660.415 — Assessments and reporting on performance and expenditure outcomes of certain workforce programs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors660.­html (accessed May 26, 2025).
ORS § 663.105 — OR Code / Title 51 / Chapter 663 / Section 663.105
663.105 Supervisory personnel as union members
Status: in_force

Nothing in this chapter prohibits an individual employed as a supervisor from becoming or remaining a member of a labor organization, but no employer subject to this chapter is compelled to treat as employees, for the purpose of collective bargaining, individuals defined as supervisors in ORS 663.005 (Definitions) . [1971 c.729 §4]

Source: Section 663.105 — Supervisory personnel as union members , https://www.­oregonlegislature.­gov/bills_laws/ors/ors663.­html (accessed May 26, 2025).
ORS § 656.740 — OR Code / Title 51 / Chapter 656 / Section 656.740
656.740 Review of proposed order declaring noncomplying employer or nonsubjectivity determination
Status: in_force

(1) A person may contest a proposed order of the Director of the Department of Consumer and Business Services declaring that person to be a noncomplying employer, or a proposed assessment of civil penalty, by filing with the Department of Consumer and Business Services, within 60 days after the mailing of the order, a written request for a hearing. Such a request need not be in any particular form, but shall specify the grounds upon which the person contests the proposed order or assessment. An order by the director under this subsection is prima facie correct and the burden is upon the employer to prove that the order is incorrect.

(2) A person may contest a nonsubjectivity determination of the director by filing a written request for hearing with the department within 60 days after the mailing of the determination.

(3) When any insurance carrier, including the State Accident Insurance Fund Corporation, is alleged by an employer to have contracted to provide the employer with workers’ compensation coverage for the period in question, the Workers’ Compensation Board shall join such insurance carrier as a necessary party to any hearing relating to such employer’s alleged noncompliance or to any hearing relating to a nonsubjectivity determination and shall serve the carrier, at least 30 days prior to such hearing, with notice thereof.

(4) A hearing relating to a nonsubjectivity determination, to a proposed order declaring a person to be a noncomplying employer, or to a proposed assessment of civil penalty under ORS 656.735 (Civil penalty for noncomplying employers) , shall be held by an Administrative Law Judge of the board’s Hearings Division. However, a hearing shall not be granted unless a request for hearing is filed within the period specified in subsection (1) or (2) of this section, and if a request for hearing is not so filed, the nonsubjectivity determination, order or penalty, as proposed, shall be a final order of the department and shall not be subject to review by any agency or court.

(5) Notwithstanding ORS 183.315 (Application of provisions of chapter to certain agencies) (1), the issuance of nonsubjectivity determinations, orders declaring a person to be a noncomplying employer or the assessment of civil penalties pursuant to this chapter, the conduct of hearings and the judicial review thereof shall be as provided in ORS chapter 183, except that:

(a) The order of an Administrative Law Judge in a contested case shall be deemed to be a final order of the director.

(b) The director shall have the same right to judicial review of the order of an Administrative Law Judge as any person who is adversely affected or aggrieved by such final order.

(c) When a nonsubjectivity determination or an order declaring a person to be a noncomplying employer is contested at the same hearing as a matter concerning a claim pursuant to ORS 656.283 (Hearing rights and procedure) and 656.704 (Actions and orders regarding matters concerning claim and matters other than matters concerning claim) , the review thereof shall be as provided for a matter concerning a claim.

(6) Intentionally left blank —Ed.

(a) If a person against whom an order is issued pursuant to this section prevails at hearing or on appeal, the person is entitled to reasonable attorney fees to be paid by the director from the Workers’ Benefit Fund.

(b) If a person against whom an order is issued is found to be a noncomplying employer by the director, but the person proves coverage pursuant to subsection (3) of this section and the insurer failed to file timely proof of coverage as required by ORS 656.419 (Workers’ compensation insurance contracts) or improperly canceled the person’s coverage, the employer is entitled to reasonable attorney fees paid by the insurer.

(c) If a worker prevails at hearing or on appeal from a nonsubjectivity determination, the worker is entitled to reasonable attorney fees to be paid by the director from the Workers’ Benefit Fund and reimbursed by the employer. [1973 c.447 §5; 1975 c.341 §1; 1975 c.759 §19; 1977 c.804 §31; 1979 c.839 §22; 1983 c.816 §14; 1987 c.234 §3; 1995 c.332 §65a; 1995 c.641 §13; 1999 c.246 §1; 1999 c.1020 §2; 2003 c.170 §9; 2007 c.241 §19]

Source: Section 656.740 — Review of proposed order declaring noncomplying employer or nonsubjectivity determination; review of proposed assessment or civil penalty; insurer as party; hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 660.312 — OR Code / Title 51 / Chapter 660 / Section 660.312
660.312 Education and Workforce Policy Advisor
Status: in_force

(1) The Governor shall be responsible for a coordinated and comprehensive response to education and workforce issues. The Governor shall appoint an Education and Workforce Policy Advisor, who serves at the pleasure of the Governor. The advisor shall, with the advice of such advisory committees as may be appointed or assigned, advise the Governor on policy, planning and coordination for education and workforce development in Oregon.

(2) The duties of the advisor shall include:

(a) Guiding the development of state-level policy related to education and workforce issues;

(b) Providing general direction and serving as a liaison between state and local efforts in education, training and workforce development;

(c) Ensuring, through collaboration with the leadership of local workforce development boards, the alignment of statewide and local strategic plans, and the periodic reporting of performance in the implementation of such plans; and

(d) Consulting with local workforce development boards on the development and implementation of a workforce performance measurement system.

(3) In the performance of duties, the advisor shall collectively involve state agencies, including but not limited to:

(a) The Department of Education;

(b) The Higher Education Coordinating Commission;

(c) The Oregon Business Development Department;

(d) The Employment Department;

(e) The Department of Human Services;

(f) The Bureau of Labor and Industries;

(g) The Department of Corrections; and

(h) The public universities with governing boards listed in ORS 352.054 (Names of governing boards of public universities) .

(4) The advisor shall seek input from key interested parties to help guide policy development, including but not limited to representatives of:

(a) Businesses and industry organizations;

(b) Labor and labor organizations;

(c) Local education providers, community colleges and other public and private post-secondary institutions of education and their governing boards;

(d) Local government;

(e) Student, teacher, parent and faculty organizations;

(f) Community-based organizations;

(g) Public-private partnership organizations;

(h) Independent nonprofit and proprietary post-secondary colleges and schools; and

(i) The State Workforce and Talent Development Board and local workforce development boards.

(5) The advisor shall meet, on a regularly scheduled basis, with the local workforce development boards and such others as necessary to ensure that local interests are represented. The advisor shall seek input, advice and feedback on policy issues affecting state and local education and workforce development from interested parties and any advisory committees appointed or assigned under this section.

(6) Pursuant to ORS chapter 183, the advisor may adopt rules necessary to carry out the duties of the advisor. [Formerly 285A.455; 2011 c.637 §280; 2013 c.747 §170; 2013 c.768 §148a; 2014 c.49 §§3,4; 2015 c.366 §58; 2017 c.185 §25; 2017 c.297 §3]

Source: Section 660.312 — Education and Workforce Policy Advisor; duties; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors660.­html (accessed May 26, 2025).
ORS § 658.489 — OR Code / Title 51 / Chapter 658 / Section 658.489
658.489 Failure or refusal of labor contractor to pay claim
Status: in_force

(1) If a person acting as a labor contractor fails, neglects or refuses to make prompt payment of a claim for labor or services furnished by a person in connection with a contract or agreement as such claim becomes due, the person with whom the labor contractor has made the contract or agreement may pay such claim to the person furnishing the labor or services or, upon demand, may pay such claim to the Bureau of Labor and Industries for the benefit of persons furnishing labor and charge the amount of the payment against funds due or to become due the labor contractor by reason of such contract or agreement.

(2) The payment of a claim in the manner authorized in this section shall not relieve the labor contractor or the labor contractor’s surety from obligation with respect to any unpaid claims. [1989 c.164 §8; 2013 c.584 §23]

Source: Section 658.489 — Failure or refusal of labor contractor to pay claim; worker claim to Bureau of Labor and Industries , https://www.­oregonlegislature.­gov/bills_laws/ors/ors658.­html (accessed May 26, 2025).
ORS § 657b.370 — OR Code / Title 51 / Chapter 657b / Section 657b.370
657B.370 Computation and assessment of employer contributions and interest
Status: in_force

(1) Intentionally left blank —Ed.

(a) If an employer files a report for the purpose of determining the amount of contributions due under ORS 657B.150 (Contributions) but fails to pay contributions or interest, the Director of the Employment Department may assess the amount of contributions or interest due on the basis of the information submitted and shall give written notice of the assessment to the employer by mail sent to the employer’s last known address of record with the director.

(b) Notwithstanding subsection (5) of this section, if the report is subsequently found to be incorrect, additional assessments may be made.

(2) If an employer fails to file a report when required by the director for the purpose of determining the amount of contributions due under ORS 657B.150 (Contributions) , the director may make an estimate based upon any information of the amount of the wages of the employer’s employees for the period or periods for which no report was filed and upon the basis of the estimate shall compute and assess the amount of contributions payable by the employer. Written notice of the assessment to the employer shall be mailed to the employer’s last known address of record with the director.

(3) If the director is not satisfied with a report made by an employer for the purpose of determining the amount of contributions due under ORS 657B.150 (Contributions) , the director may compute the amount required to be paid upon the basis of facts contained in the report or of any information obtainable and may make an assessment of the amount of the deficiency. Written notice of a deficiency assessment to the employer shall be mailed to the employer’s last known address of record with the director.

(4) Intentionally left blank —Ed.

(a) If the director has reason to believe that an employer or an individual liable under ORS 657B.330 (Liability of certain officers, members, partners or employees for amounts in default) is insolvent, or that the collection of any contributions will be jeopardized by delaying collection, the director may make an immediate assessment of the estimated amount of accrued contributions, noting upon the assessment that it is a jeopardy assessment levied under this subsection, and may proceed to enforce collection immediately.

(b) Intentionally left blank —Ed.

(A) Interest shall not begin to accrue on contributions collected under paragraph (a) of this subsection until the due date.

(B) Court costs may not be charged against an employer or an individual liable under ORS 657B.330 (Liability of certain officers, members, partners or employees for amounts in default) on any action to enforce collection commenced prior to the due date.

(c) In levying an assessment under paragraph (a) of this subsection, the director may demand a bond or deposit of such security as is necessary to ensure collection of the amount of the assessment.

(d) Written notice of an assessment to an employer or an individual liable under ORS 657B.330 (Liability of certain officers, members, partners or employees for amounts in default) shall be mailed to the employer’s or individual’s last known address of record with the director.

(5) Intentionally left blank —Ed.

(a) All assessments provided for in this section shall finally fix the amount of contributions due and payable unless:

(A) The employer or the individual liable under ORS 657B.330 (Liability of certain officers, members, partners or employees for amounts in default) applies to the director for a hearing within 20 days after the mailing of the notice of assessment; or

(B) The director reviews the assessment prior to a decision of the administrative law judge pursuant to a hearing.

(b) An employer or person liable under ORS 657B.320 (Delinquent contributions or grant repayments) and 657B.330 (Liability of certain officers, members, partners or employees for amounts in default) that fails to apply for a hearing upon an assessment within the time provided or, having applied, fails to appear and be heard after due notice of the hearing, is precluded from raising any defense to any action, suit or proceeding brought by the director for the recovery of contributions based upon the assessment that could have been raised in the hearing.

(c) The amount of contributions assessed under this section shall be subject to the penalties and interest provided by ORS 657B.320 (Delinquent contributions or grant repayments) and 657B.330 (Liability of certain officers, members, partners or employees for amounts in default) . [2019 c.700 §28]

Source: Section 657B.370 — Computation and assessment of employer contributions and interest; jeopardy assessments; application for hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657B.­html (accessed May 26, 2025).
ORS § 658.810 — OR Code / Title 51 / Chapter 658 / Section 658.810
658.810 Fees
Status: in_force

Fees required for farmworker camp indorsements shall be established under ORS 658.413 (Fee schedule for licenses, indorsements and renewals) . [1989 c.962 §5a; 1995 c.500 §8; 1999 c.399 §8]

Source: Section 658.810 — Fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors658.­html (accessed May 26, 2025).
ORS § 663.195 — OR Code / Title 51 / Chapter 663 / Section 663.195
663.195 Orders and findings of board
Status: in_force

(1) If, on the preponderance of the evidence taken and in the record, the Employment Relations Board is not of the opinion that the person named in the complaint has engaged in or is engaging in an unfair labor practice, the board shall state its findings of fact and shall issue an order dismissing the complaint.

(2) If, on the preponderance of evidence taken and in the record, the board is of the opinion that a person named in the complaint has engaged in or is engaging in an unfair labor practice, the board shall state its findings of fact and shall issue and cause to be served on that person an order requiring the person to cease and desist from the unfair labor practice and to take such affirmative action, including reinstatement of employees with or without back pay, as will effectuate the policies of this chapter.

(3) No order of the board shall require the reinstatement as an employee of an individual who has been suspended or discharged, or the payment to the individual of any back pay, if the individual was suspended or discharged for cause. [1971 c.729 §23]

Source: Section 663.195 — Orders and findings of board , https://www.­oregonlegislature.­gov/bills_laws/ors/ors663.­html (accessed May 26, 2025).
ORS § 652.220 — OR Code / Title 51 / Chapter 652 / Section 652.220
652.220 Prohibition of discriminatory wage rates based on protected class
Status: in_force

(1) It is an unlawful employment practice under ORS chapter 659A for an employer to:

(a) In any manner discriminate between employees on the basis of a protected class in the payment of wages or other compensation for work of comparable character.

(b) Pay wages or other compensation to any employee at a rate greater than that at which the employer pays wages or other compensation to employees of a protected class for work of comparable character.

(c) Screen job applicants based on current or past compensation.

(d) Determine compensation for a position based on current or past compensation of a prospective employee. This paragraph is not intended to prevent an employer from considering the compensation of a current employee of the employer during a transfer, move or hire of the employee to a new position with the same employer.

(2) Notwithstanding subsection (1) of this section:

(a) An employer may pay employees for work of comparable character at different compensation levels if all of the difference in compensation levels is based on a bona fide factor that is related to the position in question and is based on:

(A) A seniority system;

(B) A merit system;

(C) A system that measures earnings by quantity or quality of production, including piece-rate work;

(D) Workplace locations;

(E) Travel, if travel is necessary and regular for the employee;

(F) Education;

(G) Training;

(H) Experience; or

(I) Any combination of the factors described in this paragraph, if the combination of factors accounts for the entire compensation differential.

(b) An employer may pay employees for work of comparable character at different compensation levels on the basis of one or more of the factors listed in paragraph (a) of this subsection that are contained in a collective bargaining agreement.

(3) An employer may not in any manner discriminate in the payment of wages or other compensation against any employee because the employee has filed a complaint under ORS 659A.820 (Complaints) or in a proceeding under ORS 652.210 (Definitions for ORS 652.210 to 652.235) to 652.235 (Motion to disallow award of compensatory and punitive damages) or 659A.885 (Civil action) or has testified, or is about to testify, or because the employer believes that the employee may testify, in any investigation or proceedings pursuant to ORS 652.210 (Definitions for ORS 652.210 to 652.235) to 652.235 (Motion to disallow award of compensatory and punitive damages) , 659A.830 (Authority of commissioner) or 659A.885 (Civil action) or in a criminal action pursuant to ORS 652.210 (Definitions for ORS 652.210 to 652.235) to 652.235 (Motion to disallow award of compensatory and punitive damages) .

(4) An employer may not reduce the compensation level of an employee to comply with the provisions of this section.

(5) It is not a violation of this section for an employer to pay a different level of compensation to an employee who:

(a) Pursuant to a claim for a compensable injury under ORS chapter 656, receives wages for modified work; or

(b) As a result of a medical condition, is temporarily performing modified work that is:

(A) Authorized by a medical professional licensed under ORS chapter 677; or

(B) Requested by the employee and authorized by the employer in a manner that does not discriminate against employees on the basis of a protected class.

(6) Amounts owed to an employee because of the failure of the employer to comply with the requirements of this section are unpaid wages.

(7) An employee who asserts a violation under this section may file a complaint with the Commissioner of the Bureau of Labor and Industries under ORS 659A.820 (Complaints) , a civil action under ORS 652.230 (Employee right of action against employer for unpaid wages and damages) or a civil action under 659A.885 (Civil action) .

(8) An employer shall post a notice of the requirements of this section in every establishment where employees work. The Bureau of Labor and Industries shall make available to employers a template that meets the required notice provisions of this section. [1955 c.193 §2; 2017 c.197 §2; 2019 c.617 §2]

Source: Section 652.220 — Prohibition of discriminatory wage rates based on protected class; exceptions; employer not to discriminate against employee who is complainant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 659a.870 — OR Code / Title 51 / Chapter 659a / Section 659a.870
659A.870 Election of remedies
Status: in_force

(1) Except as provided in this section, the filing of a civil action by a person in circuit court pursuant to ORS 659A.885 (Civil action) , or in federal district court under applicable federal law, waives the right of the person to file a complaint with the Commissioner of the Bureau of Labor and Industries under ORS 659A.820 (Complaints) with respect to the matters alleged in the civil action.

(2) The filing of a complaint under ORS 659A.820 (Complaints) is not a condition precedent to the filing of any civil action.

(3) If a person files a civil action alleging an unlawful practice under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or discrimination under federal housing law, the filing does not constitute an election of remedies or a waiver of the right of the person to file a complaint with the commissioner under ORS 659A.820 (Complaints) , but the commissioner shall dismiss the complaint upon the commencement of a trial in the civil action.

(4) If a person files a complaint under ORS 659A.820 (Complaints) alleging a violation of ORS 652.220 (Prohibition of discriminatory wage rates based on protected class) and the commissioner issues a final order in favor of the complainant, the commissioner shall require the employer to pay an award of back pay for the lesser of:

(a) The two-year period immediately preceding the filing of the complaint plus the period of time commencing with the date on which the complaint is filed and ending on the date on which the commissioner issued the order; or

(b) The period of time the complainant was subject to an unlawful wage differential by the employer plus the period of time commencing with the date on which the complaint is filed and ending on the date on which the commissioner issued the order.

(5) Intentionally left blank —Ed.

(a) The filing of a complaint under ORS 659A.820 (Complaints) by a person alleging an unlawful practice under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or discrimination under federal housing law does not constitute an election of remedies or a waiver of the right of the person to file a civil action with respect to the same matters, but a civil action may not be filed after a hearing officer has commenced a hearing on the record under this chapter with respect to the allegations of the complaint.

(b) A respondent or complainant named in a complaint filed under ORS 659A.820 (Complaints) or 659A.825 (Complaints filed by Attorney General or commissioner) alleging an unlawful practice under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or discrimination under federal housing law may elect to have the matter heard in circuit court under ORS 659A.885 (Civil action) . The election must be made in writing and received by the commissioner within 20 days after service of formal charges under ORS 659A.845 (Formal charges) . If the respondent or the complainant makes the election, the commissioner shall pursue the matter in court on behalf of the complainant at no cost to the complainant.

(c) If the Attorney General or the commissioner files a complaint under ORS 659A.825 (Complaints filed by Attorney General or commissioner) , the Attorney General or the commissioner may elect to have the matter heard in circuit court under ORS 659A.885 (Civil action) .

(d) If the respondent, the complainant, the Attorney General or the commissioner do not elect to have the matter heard in circuit court, the commissioner may conduct a hearing on the formal charges under ORS 659A.850 (Hearing) .

(6) A person who has filed a complaint under ORS 659A.820 (Complaints) need not receive a 90-day notice under ORS 659A.880 (Ninety-day notice) before commencing a civil action that is based on the same matters alleged in the complaint filed with the commissioner.

(7) Except as provided in subsections (3) and (5) of this section, this section does not limit or alter in any way the authority or power of the commissioner, or limit or alter in any way any of the rights of an individual complainant, until and unless the complainant commences a civil action. [2001 c.621 §12; 2007 c.903 §12; 2008 c.36 §13; 2015 c.609 §§2,5; 2017 c.197 §§6,7]

Source: Section 659A.870 — Election of remedies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 656.214 — OR Code / Title 51 / Chapter 656 / Section 656.214
656.214 Permanent partial disability
Status: in_force

(1) As used in this section:

(a) “Impairment” means the loss of use or function of a body part or system due to the compensable industrial injury or occupational disease determined in accordance with the standards provided under ORS 656.726 (Duties and powers to carry out workers’ compensation and occupational safety laws) , expressed as a percentage of the whole person.

(b) “Loss” includes permanent and complete or partial loss of use.

(c) “Permanent partial disability” means:

(A) Permanent impairment resulting from the compensable industrial injury or occupational disease; or

(B) Permanent impairment and work disability resulting from the compensable industrial injury or occupational disease.

(d) “Regular work” means the job the worker held at injury.

(e) “Work disability” means impairment modified by age, education and adaptability to perform a given job.

(2) When permanent partial disability results from a compensable injury or occupational disease, benefits shall be awarded as follows:

(a) If the worker has been released to regular work by the attending physician or nurse practitioner authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided) or has returned to regular work at the job held at the time of injury, the award shall be for impairment only. Impairment shall be determined in accordance with the standards provided by the Director of the Department of Consumer and Business Services pursuant to ORS 656.726 (Duties and powers to carry out workers’ compensation and occupational safety laws) (4). Impairment benefits are determined by multiplying the impairment value times 100 times the average weekly wage as defined by ORS 656.005 (Definitions) .

(b) If the worker has not been released to regular work by the attending physician or nurse practitioner authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided) or has not returned to regular work at the job held at the time of injury, the award shall be for impairment and work disability. Work disability shall be determined in accordance with the standards provided by the director pursuant to ORS 656.726 (Duties and powers to carry out workers’ compensation and occupational safety laws) (4). Impairment shall be determined as provided in paragraph (a) of this subsection. Work disability benefits shall be determined by multiplying the impairment value, as modified by the factors of age, education and adaptability to perform a given job, times 150 times the worker’s weekly wage for the job at injury as calculated under ORS 656.210 (Temporary total disability) (2). The factor for the worker’s weekly wage used for the determination of the work disability may be no more than 133 percent or no less than 50 percent of the average weekly wage as defined in ORS 656.005 (Definitions) .

(3) Impairment benefits awarded under subsection (2)(a) of this section shall be expressed as a percentage of the whole person. Impairment benefits for the following body parts may not exceed:

(a) For the loss of one arm at or above the elbow joint, 60 percent.

(b) For the loss of one forearm at or above the wrist joint, or the loss of one hand, 47 percent.

(c) For the loss of one leg, at or above the knee joint, 47 percent.

(d) For the loss of one foot, 42 percent.

(e) For the loss of a great toe, six percent; for loss of any other toe, one percent.

(f) For partial or complete loss of hearing in one ear, that proportion of 19 percent which the loss bears to normal monaural hearing.

(g) For partial or complete loss of hearing in both ears, that proportion of 60 percent which the combined binaural hearing loss bears to normal combined binaural hearing. For the purpose of this paragraph, combined binaural hearing loss shall be calculated by taking seven times the hearing loss in the less damaged ear plus the hearing loss in the more damaged ear and dividing that amount by eight. In the case of individuals with compensable hearing loss involving both ears, either the method of calculation for monaural hearing loss or that for combined binaural hearing loss shall be used, depending upon which allows the greater award of impairment.

(h) For partial or complete loss of vision of one eye, that proportion of 31 percent which the loss of monocular vision bears to normal monocular vision. For the purposes of this paragraph, the term “normal monocular vision” shall be considered as Snellen 20/20 for distance and Snellen 14/14 for near vision with full sensory field.

(i) For partial loss of vision in both eyes, that proportion of 94 percent which the combined binocular visual loss bears to normal combined binocular vision. In all cases of partial loss of sight, the percentage of said loss shall be measured with maximum correction. For the purpose of this paragraph, combined binocular visual loss shall be calculated by taking three times the visual loss in the less damaged eye plus the visual loss in the more damaged eye and dividing that amount by four. In the case of individuals with compensable visual loss involving both eyes, either the method of calculation for monocular visual loss or that for combined binocular visual loss shall be used, depending upon which allows the greater award of impairment.

(j) For the loss of a thumb, 15 percent.

(k) For the loss of a first finger, eight percent; of a second finger, seven percent; of a third finger, three percent; of a fourth finger, two percent.

(4) The loss of one phalange of a thumb, including the adjacent epiphyseal region of the proximal phalange, is considered equal to the loss of one-half of a thumb. The loss of one phalange of a finger, including the adjacent epiphyseal region of the middle phalange, is considered equal to the loss of one-half of a finger. The loss of two phalanges of a finger, including the adjacent epiphyseal region of the proximal phalange of a finger, is considered equal to the loss of 75 percent of a finger. The loss of more than one phalange of a thumb, excluding the epiphyseal region of the proximal phalange, is considered equal to the loss of an entire thumb. The loss of more than two phalanges of a finger, excluding the epiphyseal region of the proximal phalange of a finger, is considered equal to the loss of an entire finger. A proportionate loss of use may be allowed for an uninjured finger or thumb where there has been a loss of effective opposition.

(5) A proportionate loss of the hand may be allowed where impairment extends to more than one digit, in lieu of ratings on the individual digits.

(6) All permanent disability contemplates future waxing and waning of symptoms of the condition. The results of waxing and waning of symptoms may include, but are not limited to, loss of earning capacity, periods of temporary total or temporary partial disability, or inpatient hospitalization. [Amended by 1953 c.669 §4; 1955 c.716 §1; 1957 c.449 §1; 1965 c.285 §22d; 1967 c.529 §1; 1971 c.178 §1; 1977 c.557 §1; 1979 c.839 §27; 1981 c.535 §27; 1985 c.506 §3; 1987 c.884 §36; 1990 c.2 §7; 1995 c.332 §17; 1999 c.6 §7; 1999 c.876 §2; 2001 c.865 §6; 2003 c.657 §§1,2; 2005 c.653 §§3,4; 2007 c.274 §1]

Source: Section 656.214 — Permanent partial disability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 660.324 — OR Code / Title 51 / Chapter 660 / Section 660.324
660.324 Duties of state board
Status: in_force

(1) The State Workforce and Talent Development Board shall identify:

(a) Key industries in this state and the workforce skills needed for key industries to grow and thrive;

(b) In collaboration with workforce representatives, needs for education, training, work experience, and job preparation to ensure Oregonians access to stable high-wage jobs and employment advancement; and

(c) Opportunities for partnerships with key industry sectors to coordinate workforce development, economic development and education in response to industry and workforce needs.

(2) The board shall assist the Governor in:

(a) Developing Oregon’s workforce development system;

(b) Ensuring timely consultation and collaboration with chief elected officials, local workforce development boards and other workforce stakeholders, including but not limited to business and labor organizations and organizations working with persons with disabilities, persons living at or below 100 percent of the federal poverty guidelines and the chronically unemployed and underemployed;

(c) Reviewing and approving local workforce plans;

(d) Developing, as required by the federal Act, allocation formulas for the distribution of funds to local workforce development areas for adult employment and training activities and for youth activities that are developed by the local workforce development boards;

(e) Working with local workforce development boards to increase efficiencies and align workforce programs and services with local needs;

(f) Recommending the duties and responsibilities of state agencies to implement the federal Act, to avoid conflicts of interest and to capitalize on the experience developed by workforce partners that are efficient and effective at meeting the requirements of the federal Act;

(g) Participating in the development of a coordinated statewide system of activities and services that includes both mandatory and optional partners of the one-stop delivery system, as provided in the federal Act;

(h) Providing for the development, accountability and continuous improvement of comprehensive workforce performance measures to assess the effectiveness of the workforce development activities in this state;

(i) Developing a statewide employment statistics system, as described in section 15(e) of the Wagner-Peyser Act (29 U.S.C. 49L-2(e)); and

(j) Preparing an annual report and submitting it to the United States Department of Labor.

(3) The State Workforce and Talent Development Board, in partnership with the Governor, shall establish criteria for use by chief elected officials in appointing members to local workforce development boards in accordance with the requirements of section 3122 of the federal Workforce Innovation and Opportunity Act. The State Workforce and Talent Development Board shall establish the following requirements:

(a) To transact business at a meeting of a local workforce development board, a quorum of members must participate. A quorum shall consist of a majority of the members. At least 25 percent of the members participating must be representatives of business.

(b) When appropriate and upon a request from the chief elected official of a county or the City of Portland, the State Workforce and Talent Development Board shall consider the county or the City of Portland to be a candidate for designation as a local workforce development area. The board shall consult with the county or the City of Portland before designating the county or the City of Portland as a local workforce development area. After considering the criteria in section 3121 of the federal Act for designating local workforce development areas, chief elected officials may submit a request to the board to combine their units of government into a local workforce development area. The board shall make recommendations to the Governor about the designation of local workforce development areas. Only the Governor may designate local workforce development areas. The Governor must show just cause for not designating a requested local workforce development area. A county or the City of Portland may submit an appeal to the board, as provided in section 3121 of the federal Act, if the Governor does not grant the county’s or the city’s request to designate a local workforce development area.

(4) The State Workforce and Talent Development Board shall provide guidance and direction to local workforce development boards in the development of local workforce plans. The State Workforce and Talent Development Board shall adopt policies that:

(a) Require each local workforce development board, in partnership with its chief elected officials and in accordance with section 3123 of the federal Act, to develop and submit to the Governor and the State Workforce and Talent Development Board a strategic local workforce plan that includes, but is not limited to, performance goals; and

(b) Permit each local workforce development board, in consultation with its chief elected officials:

(A) To determine, consistent with the requirements of the federal Act, the appropriate level of services based on the workforce needs in the local workforce development area; and

(B) To designate or certify one-stop operators and to terminate for cause the eligibility of such operators.

(5) The State Workforce and Talent Development Board may charter and enter into performance compacts with local workforce development boards.

(6) The State Workforce and Talent Development Board shall:

(a) Function as the primary advisory committee to the Employment Department in conjunction with the Employment Department Advisory Council established under ORS 657.695 (Employment Department Advisory Council) ;

(b) Collaborate with other advisory bodies also tasked with workforce development, including but not limited to the Oregon State Rehabilitation Council, the Commission for the Blind, the State Apprenticeship and Training Council and the Higher Education Coordinating Commission;

(c) Work with the Oregon Business Development Commission to identify areas of common interest to efficiently align resources, recommend common strategies and provide accountability for reaching statewide goals; and

(d) Hold state workforce agencies and local workforce development boards accountable for meeting performance goals and system outcomes.

(7) The State Workforce and Talent Development Board shall convene, engage and coordinate with senior executives of identified key industries in this state, the Oregon Business Development Commission, the Higher Education Coordinating Commission, the Department of Education, the Bureau of Labor and Industries, the STEM Investment Council, local workforce development boards, the Employment Department, the Department of Human Services, the Commission for the Blind, the Youth Development Council and any other partners from training or workforce development entities in this state to:

(a) Determine needs across identified key industries in this state, including challenges and opportunities in developing and growing relevant talent pipelines;

(b) Ensure that the talent pipeline development infrastructure includes:

(A) A listening process to collect workforce needs of employers from identified key industries in this state;

(B) Curriculum alignment for high-demand occupation skill needs;

(C) Prediction and monitoring of national trends relating to high-demand industries and occupations;

(D) Occupation-aligned education and training options with a clearly articulated progression;

(E) Skills assessments; and

(F) Academic career counseling;

(c) Utilize sector partnerships to:

(A) Advise the development of career pathway programs for critical occupations in identified key industries in this state; and

(B) Ensure the coordination of education, economic development, business and workforce initiatives between key partners to develop a strong talent pipeline;

(d) Leverage and optimize existing measures and data systems to improve systems alignment and interagency communication; and

(e) Ensure state alignment and coordination between industry sector partnerships and initiatives in the local workforce development areas.

(8) Intentionally left blank —Ed.

(a) Every biennium, the State Workforce and Talent Development Board shall coordinate and collaborate with entities listed under subsection (7) of this section to create a single, unified state Workforce and Talent Development Plan.

(b) The Workforce and Talent Development Plan must include:

(A) A strategy, with quantitative goals, for the statewide workforce development system for the State of Oregon in accordance with section 3111 of the federal Workforce Innovation and Opportunity Act;

(B) Quantifiable goals designed to promote Oregonians’ self-sufficiency and that will empower Oregonians to gain independence from public assistance and move up the socioeconomic ladder;

(C) Expectations for performance and the priorities for delivery of services to local workforce development boards and state workforce agencies;

(D) Industry-based information and data from the Employment Department and other agencies and entities listed in subsection (7) of this section related to talent needs and gaps;

(E) Analysis of data regarding the skills required for identified key industry jobs;

(F) Information regarding the status of career pathway programs targeted at identified key industries in this state;

(G) Recommendations related to advancing talent pipeline and career pathways development based on the identified talent issues and trends;

(H) Recommendations regarding the alignment and consistency of data nomenclature, collection practices and data sharing;

(I) Utilization and, as appropriate, expansion of existing data-sharing agreements between agencies and partners;

(J) Identification of talent issues and trends related to identified key industries in this state that are in strategic alignment with state and local workforce and economic priorities;

(K) Identification and prioritization of the urgent talent gaps of identified key industries in this state;

(L) A response to immediate talent needs through the creation of additional opportunities for Oregonians to pursue education and training in disciplines critical to the advancement of identified key industries in this state;

(M) Ways to strengthen efforts to enhance student work experience and job preparedness in high-demand and critical occupations;

(N) New means of delivering workforce training and proficiency-based education to enhance program efficiency, upgrading and sharing resources and facilities and improving student outcomes and access to typically underrepresented populations while meeting talent needs of traded sector and high growth industries; and

(O) Ways to increase the skills of the existing professional and technical workforce, including the issuance of certifications, badges and industry-based credentials.

(c) The State Workforce and Talent Development Board shall:

(A) Update the plan every biennium; and

(B) Submit a report about the plan every year to:

(i) The Governor; and

(ii) The Legislative Assembly in the manner provided by ORS 192.245 (Form of report to legislature) . [Formerly 411.929; 2005 c.242 §2; 2014 c.49 §6; 2015 c.774 §§35,65; 2017 c.185 §§28,29; 2017 c.297 §§7a,7b; 2021 c.97 §73]

Source: Section 660.324 — Duties of state board; state plan for workforce development system , https://www.­oregonlegislature.­gov/bills_laws/ors/ors660.­html (accessed May 26, 2025).
ORS § 662.425 — OR Code / Title 51 / Chapter 662 / Section 662.425
662.425 Mediation services
Status: in_force

(1) When any party to a labor controversy notifies the State Conciliation Service that a labor controversy exists or is imminent, the conciliator, if the conciliator determines that a labor controversy exists or is imminent, shall immediately set a time and place for a mediation session and invite the parties to attend to participate in mediation of their differences. The State Conciliation Service shall charge a fee in the amount described in ORS 240.610 (Mediation service fee) for each mediation session conducted under this section. Each party to the mediation shall pay one-half of the applicable fee.

(2) When it comes to the attention of the conciliator that a labor controversy exists or is imminent, the conciliator may offer mediation services if the conciliator deems it to be in the public interest.

(3) At the request of the Governor, the Employment Relations Board shall instruct the conciliator to investigate any existing or imminent labor dispute, or controversy in the public sector and report the facts of the dispute and the matters in issue to the Governor. [1957 c.122 §3; 1969 c.671 §14; 2011 c.593 §3]

Source: Section 662.425 — Mediation services; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors662.­html (accessed May 26, 2025).
ORS § 662.825 — OR Code / Title 51 / Chapter 662 / Section 662.825
662.825 Jurisdiction to enjoin violations
Status: in_force

Notwithstanding any other provision of law, the circuit court for the county in which such unlawful picketing is conducted has jurisdiction to enjoin any violation of ORS 662.805 (Definitions for ORS 662.805 to 662.825) to 662.825 (Jurisdiction to enjoin violations) by appropriate order or judgment. The proceedings shall be conducted as in the case of an action not triable by right to a jury but shall be given precedence over all other civil actions.

[1963 c.543 §4; 1979 c.284 §189]

Source: Section 662.825 — Jurisdiction to enjoin violations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors662.­html (accessed May 26, 2025).
ORS § 654.160 — OR Code / Title 51 / Chapter 654 / Section 654.160
654.160 Applicability of ORS 654.150 to be included in construction contracts
Status: in_force

(1) A statement as to whether or not ORS 654.150 (Sanitary facilities at construction projects) applies at the construction site shall be included in the contract for a construction project. If the contract states that ORS 654.150 (Sanitary facilities at construction projects) applies, the owner shall also include in the contract documents a provision designating which party to the contract is responsible for any costs that may be incurred in complying with ORS 654.150 (Sanitary facilities at construction projects) and the rules adopted pursuant thereto.

(2) The owner of a construction site is liable to any contractor who is an employer at the site for costs incurred by the contractor if:

(a) Representatives of the Director of the Department of Consumer and Business Services decide that ORS 654.150 (Sanitary facilities at construction projects) applies to the construction project, and the contract documents did not designate which party to the contract for the project was responsible for complying with ORS 654.150 (Sanitary facilities at construction projects) and the rules adopted pursuant thereto; and

(b) The contractor incurs additional costs in complying with ORS 654.150 (Sanitary facilities at construction projects) .

(3) In addition to being liable for the amount of the additional costs incurred, as provided by subsection (2) of this section, the owner is liable for interest on the amount at the rate of one percent per month from the date such contractor makes demand upon the owner to reimburse the contractor for such costs until the contractor is paid. [1977 c.129 §2]

Source: Section 654.160 — Applicability of ORS 654.150 to be included in construction contracts; liability for cost of compliance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors654.­html (accessed May 26, 2025).
ORS § 657.195 — OR Code / Title 51 / Chapter 657 / Section 657.195
657.195 Suitable work
Status: in_force

(1) Notwithstanding any other provisions of this chapter, no work is deemed suitable and benefits shall not be denied under this chapter to any otherwise eligible individual for refusing to accept new work under any of the following conditions:

(a) If the position offered is vacant due directly to a strike, lockout or other labor dispute.

(b) If the remuneration, hours or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality.

(c) If as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.

(2) On and after November 8, 1938, and for the purposes of this chapter only, this section shall have the same meaning as the provisions of section 3304(a)(5) of the Internal Revenue Code. [Amended by 1973 c.300 §5; 2007 c.614 §19]

Source: Section 657.195 — Suitable work; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 660.320 — OR Code / Title 51 / Chapter 660 / Section 660.320
660.320 Oregon Youth Works Advisory Board
Status: in_force

(1) There is created in the Higher Education Coordinating Commission the Oregon Youth Works Advisory Board. The purpose of the advisory board is to provide advice on and oversight of the implementation and alignment of youth workforce development programs for which the commission is responsible, including but not limited to:

(a) The Oregon Youth Corps created under ORS 418.653 (Oregon Youth Corps) ;

(b) The Oregon Conservation Corps Program established under ORS 476.694 (Oregon Conservation Corps Program) ; and

(c) The Oregon Youth Employment Program created under ORS 660.353 (Oregon Youth Employment Program) .

(2) The Governor, in consultation with the commission, shall determine the number of members on the advisory board. In determining the number of members on the advisory board, the Governor shall ensure that membership consists of at least seven but not more than 12 members.

(3) The Governor shall appoint the members of the advisory board. The members must be residents of this state who reflect the geographic, racial, ethnic and gender diversity of this state and who have necessary experience that will enable the advisory board to meaningfully advise the commission on topics including, but not limited to:

(a) Career-connected learning that provides learners with career awareness, exploration, preparation and training in connection with professional and industry-based expectations;

(b) Development of career pathways;

(c) Youth education programs;

(d) Workforce development programs;

(e) Rural workforce needs; and

(f) Workforce issues affecting underrepresented communities.

(4) The advisory board must include representation from:

(a) The forestry or wildfire sector;

(b) The natural resources sector;

(c) Workforce sectors that are experiencing workforce demands;

(d) Communities in which the wildland-urban interface faces a high risk of wildfire exposure;

(e) Underrepresented communities, including communities of color, rural communities and communities that have faced generational poverty or other communities that have been historically underrepresented in youth employment as determined by the commission by rule;

(f) Tribal communities; and

(g) Local workforce development boards.

(5) Members of the advisory board serve for a term of four years at the pleasure of the Governor.

(6) Members may not receive compensation for service on the advisory board, but, subject to any applicable laws regulating travel and other expenses of state officers and employees, may be reimbursed for actual and necessary travel and other expenses incurred in the performance of official duties, as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) , with moneys available to the advisory board for the purpose of reimbursing members.

(7) The commission shall provide the advisory board with necessary staff support. [2023 c.556 §1]

Note: 660.320 (Oregon Youth Works Advisory Board) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 660 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 660.320 — Oregon Youth Works Advisory Board , https://www.­oregonlegislature.­gov/bills_laws/ors/ors660.­html (accessed May 26, 2025).
ORS § 656.267 — OR Code / Title 51 / Chapter 656 / Section 656.267
656.267 Claims for new and omitted medical conditions
Status: in_force

(1) To initiate omitted medical condition claims under ORS 656.262 (Processing of claims and payment of compensation) (6)(d) or new medical condition claims under this section, the worker must clearly request formal written acceptance of a new medical condition or an omitted medical condition from the insurer or self-insured employer. A claim for a new medical condition or an omitted condition is not made by the receipt of medical billings, nor by requests for authorization to provide medical services for the new or omitted condition, nor by actually providing such medical services. The insurer or self-insured employer is not required to accept each and every diagnosis or medical condition with particularity, as long as the acceptance tendered reasonably apprises the claimant and the medical providers of the nature of the compensable conditions. Notwithstanding any other provision of this chapter, the worker may initiate a new medical or omitted condition claim at any time.

(2) Intentionally left blank —Ed.

(a) Claims properly initiated for new medical conditions and omitted medical conditions related to an initially accepted claim shall be processed pursuant to ORS 656.262 (Processing of claims and payment of compensation) .

(b) If an insurer or self-insured employer denies a claim for a new medical or omitted medical condition, the claimant may request a hearing on the denial pursuant to ORS 656.283 (Hearing rights and procedure) .

(3) Notwithstanding subsection (2) of this section, claims for new medical or omitted medical conditions related to an initially accepted claim that have been determined to be compensable and that were initiated after the rights under ORS 656.273 (Aggravation for worsened conditions) expired shall be processed as requests for relief under the Workers’ Compensation Board’s own motion jurisdiction pursuant to ORS 656.278 (Board has continuing authority to alter earlier action on claim) (1)(b). [2001 c.865 §10; 2005 c.188 §1]

Source: Section 656.267 — Claims for new and omitted medical conditions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 652.250 — OR Code / Title 51 / Chapter 652 / Section 652.250
652.250 Public employee’s wages as affected by absence to engage in search or rescue operation
Status: in_force

A public employee who takes part without pay in a search or rescue operation at the request of any law enforcement agency, the Department of Transportation, the United States Forest Service or any local organization for civil defense, shall not forfeit wages while engaged in an operation for a period of not more than five days for each operation. If an operation continues for more than five days, the employing agency may allow the employee to continue to take part in the operation and to receive wages for as long as the employing agency considers proper. [1959 c.46 §1]

Source: Section 652.250 — Public employee’s wages as affected by absence to engage in search or rescue operation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 657.720 — OR Code / Title 51 / Chapter 657 / Section 657.720
657.720 Cooperation with federal agencies, political subdivisions or private organizations in maintaining public employment service
Status: in_force

(1) The Director of the Employment Department is designated and constituted the agency of this state for the purpose of the Wagner-Peyser Act. The director shall cooperate with all authorities of the United States having powers and duties under the Wagner-Peyser Act and do and perform all things necessary to secure to this state the benefits of the Wagner-Peyser Act in the promotion and maintenance of a system of public employment offices.

(2) The director may cooperate with or enter into agreements with the Railroad Retirement Board with respect to the establishment, maintenance and use of free public employment service facilities. For the purpose of establishing and maintaining free public employment service the director may enter into agreements with the Railroad Retirement Board or any other agency of the United States charged with the administration of an unemployment insurance law, with any political subdivision of this state, or with any private nonprofit organization, and as a part of any such agreement may accept moneys, services or quarters as a contribution to the Unemployment Compensation Administration Fund.

Source: Section 657.720 — Cooperation with federal agencies, political subdivisions or private organizations in maintaining public employment service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 663.150 — OR Code / Title 51 / Chapter 663 / Section 663.150
663.150 Picketing to force recognition of or bargaining with union
Status: in_force

(1) It is an unfair labor practice for a labor organization or its agents to picket or cause to be picketed, or threaten to picket or cause to be picketed, any employer when an object thereof is forcing or requiring an employer to recognize or bargain with a labor organization as the representative of the employees, or forcing or requiring the employees of an employer to accept or select such labor organization as their collective-bargaining representative, unless such labor organization is currently certified as the representative of such employees:

(a) Where the employer has lawfully recognized in accordance with this chapter any other labor organization and a petition for a representation election may not appropriately be filed;

(b) Where, within the preceding 12 months, a valid election has been conducted; or

(c) Where the picketing has been conducted without a petition for an election and certification having been filed.

However:

(A) When such a petition has been filed the Employment Relations Board forthwith, without regard to the absence of a showing of a substantial interest on the part of the labor organization and without an investigation or hearing, shall conduct an election by secret ballot, marked at the place of election, in such unit as the board finds to be appropriate, and to certify the results thereof.

(B) Nothing in this section prohibits any picketing or other publicity for the purpose of truthfully advising the public (including consumers) that an employer does not employ members of, or have a contract with, a labor organization, unless an effect of the picketing is to induce an individual employed by any other person in the course of employment, not to pick up, deliver or transport any goods or not to perform any services.

(2) Nothing in this section permits any act that otherwise would be an unfair labor practice under ORS 663.130 (Union unfair labor practices) to 663.150 (Picketing to force recognition of or bargaining with union) . [1971 c.729 §13; 1975 c.147 §14a; 2007 c.71 §218]

Source: Section 663.150 — Picketing to force recognition of or bargaining with union , https://www.­oregonlegislature.­gov/bills_laws/ors/ors663.­html (accessed May 26, 2025).
ORS § 657.457 — OR Code / Title 51 / Chapter 657 / Section 657.457
657.457 Penalty when employer fails to file contribution reports and pay contributions when due
Status: in_force

(1) For each year after December 31, 1993, an employer shall pay a penalty equal to one percent of the employer’s taxable payroll in the preceding calendar year if the employer has failed prior to September 1 to:

(a) File all tax reports as required by the Director of the Employment Department; or

(b) Pay all taxes due.

(2) Intentionally left blank —Ed.

(a) On or before June 30, the director shall send a written notice to each employer that has failed to file all required tax reports or pay all taxes due, warning the employer about the penalty provided in subsection (1) of this section.

(b) On or before October 20, the director shall assess the penalty provided in subsection (1) of this section and send written notification thereof to the employer’s last known address.

(c) An employer that is assessed a penalty under this section may submit a written request that the penalty be waived. Such request must be filed with the director on or before November 10 following the penalty assessment and contain the specific reasons for the failure to file the required reports or payments prior to September 1.

(d) The director may waive the penalty for good cause if the employer has filed the required reports and payments.

(3) Intentionally left blank —Ed.

(a) If the request for waiver of the penalty is denied, the director shall so notify the employer in writing. The decision denying the request shall become final, unless within 20 days from the date the decision is sent to the employer’s last known address, the employer files a request for a hearing. The request for a hearing must be in writing and state the reasons therefor.

(b) Hearings, decisions and reconsiderations under this section shall be conducted in accordance with rules adopted by the director.

(c) Judicial review of an order assessing a penalty under this section shall be as provided for review of orders in contested cases under ORS chapter 183, except that the petition shall be filed within 20 days after the issuance of the order of the director or a designated representative.

(4) The penalty provided in subsection (1) of this section shall be collected in accordance with the provisions of ORS 657.515 (Delinquent taxes) , and any amounts collected pursuant to this subsection shall be paid to the Employment Department Special Administrative Fund in accordance with the provisions of ORS 657.830 (State Treasurer as custodian of funds) (3). [1957 c.699 §8(1),(2); 1967 c.435 §4; 1977 c.538 §2; 1993 c.778 §19; 1995 c.173 §2]

Source: Section 657.457 — Penalty when employer fails to file contribution reports and pay contributions when due; notice of failure; waiver; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 658.205 — OR Code / Title 51 / Chapter 658 / Section 658.205
658.205 Prohibited agency employment activities
Status: in_force

(1) No employment agency shall send or cause to be sent any person as an employee to any illegally operated business the character of which the agency could have ascertained upon reasonable inquiry.

(2) No employment agency shall knowingly permit any person of bad character to frequent, or be employed by, such agency.

(3) No employment agency shall permit persons in its employment to use any names other than their legal names in the course of, and in respect to, their employment with the agency. However, the Commissioner of the Bureau of Labor and Industries may, waive the provisions of this subsection in individual cases for good cause shown by the person requesting the waiver.

(4) No employment agency shall accept any application for employment of a minor or place or assist in placing any minor in employment if the employment would be in violation of any law regulating the employment of minors or of any rule, regulation or order adopted pursuant to such law.

(5) No employment agency shall refer an individual seeking employment to any place where a strike, lockout or other labor dispute exists if it has knowledge or reasonably should have knowledge of the same, without notifying the individual of such conditions in writing.

(6) No employment agency shall refer an applicant for employment without notifying such applicant whether a labor contract is in existence at the establishment to which the applicant is being sent, and whether union membership is required.

(7) No employment agency shall divide charges for services with an employer, agent or employee of an employer or person to whom individuals are referred for employment. This subsection does not prohibit cooperative arrangements between employment agencies so long as an applicant for employment does not thereby pay more than one charge for all services performed.

(8) No employment agency shall charge an applicant a charge for services for accepting employment with such employment agency or any subsidiary of that agency.

(9) No employment agency shall charge an applicant a charge for services when help is furnished to an employer, an agent, any employee of an employer, a member or person who has a financial interest in such employment agency.

(10) No employment agency shall request or accept an assignment of wages from an applicant for employment. [1953 c.694 §20; 1973 c.678 §19; 1981 c.318 §25]

Source: Section 658.205 — Prohibited agency employment activities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors658.­html (accessed May 26, 2025).
ORS § 656.236 — OR Code / Title 51 / Chapter 656 / Section 656.236
656.236 Compromise and release of claim matters except for medical benefits
Status: in_force

(1) Intentionally left blank —Ed.

(a) The parties to a claim, by agreement, may make such disposition of any or all matters regarding a claim, except for medical services, as the parties consider reasonable, subject to such terms and conditions as the Workers’ Compensation Board may prescribe. For the purposes of this section, “matters regarding a claim” includes the disposition of a beneficiary’s independent claim for compensation under this chapter. Unless otherwise specified, a disposition resolves all matters and all rights to compensation, attorney fees and penalties potentially arising out of claims, except medical services, regardless of the conditions stated in the agreement. Each disposition shall be filed with the board for approval by the Administrative Law Judge who mediated the agreement or by the board. If the worker is not represented by an attorney, the worker may, at the worker’s request, personally appear before the board. Submission of a disposition shall stay all other proceedings and payment obligations, except for medical services, on that claim. The disposition shall be approved in a final order unless:

(A) The Administrative Law Judge who mediated the agreement or the board finds the proposed disposition is unreasonable as a matter of law;

(B) The Administrative Law Judge who mediated the agreement or the board finds the proposed disposition is the result of an intentional misrepresentation of material fact; or

(C) Within 30 days of submitting the disposition for approval, the worker, the insurer or self-insured employer requests the Administrative Law Judge who mediated the agreement or the board to disapprove the disposition.

(b) Notwithstanding paragraph (a)(C) of this subsection, a disposition may provide for waiver of the provisions of that subparagraph if the worker was represented by an attorney at the time the worker signed the disposition.

(2) Notwithstanding any other provision of this chapter, an order approving disposition of a claim pursuant to this section is not subject to review. However, an order disapproving a disposition is subject to review pursuant to ORS 656.298 (Judicial review of board orders) . The board shall file with the Department of Consumer and Business Services a copy of each disposition that the Administrative Law Judge who mediated the agreement or the board approves. If the Administrative Law Judge who mediated the agreement or the board does not approve a disposition, the Administrative Law Judge or the board shall enter an order setting aside the disposition.

(3) Unless the terms of the disposition expressly provide otherwise, no payments, except for medical services, pursuant to a disposition are payable until the Administrative Law Judge who mediated the agreement or the board approves the disposition.

(4) If a worker is represented by an attorney in the negotiation of a disposition under this section, the insurer or self-insured employer shall pay to the attorney a fee prescribed by the Administrative Law Judge who mediated the agreement or the board.

(5) Except as otherwise provided in this chapter, none of the cost of workers’ compensation to employers under this chapter, or in the court review of any claim therefor, shall be charged to a subject worker.

(6) Any claim in which the parties enter into a disposition under this section shall not be eligible for reimbursement of expenditures authorized by law from the Workers’ Benefit Fund without the prior approval of the Director of the Department of Consumer and Business Services.

(7) Insurers or self-insured employers who are parties to an approved claim disposition agreement under this section shall not be joined as parties in subsequent proceedings under this chapter to determine responsibility for payment for any matter for which disposition is made by the agreement. Insurers or self-insured employers may be joined as parties in subsequent proceedings under this chapter to determine responsibility for medical services for claim conditions for which disposition is made by an approved claim disposition agreement, but no order in any subsequent proceedings may alter the obligations of an insurer or self-insured employer set forth in an approved claims disposition agreement, except as those obligations concern medical services.

(8) No release by a worker or beneficiary of any rights under this chapter is valid, except pursuant to a claim disposition agreement under this section or a release pursuant to ORS 656.593 (Procedure when worker or beneficiary elects to bring action) .

(9) Notwithstanding ORS 656.005 (Definitions) (21), as used in this section, “party” does not include a noncomplying employer. [1965 c.285 §28; 1985 c.212 §5; 1987 c.250 §4; 1990 c.2 §9; 1995 c.332 §24; 1995 c.641 §18; 1997 c.639 §5; 2007 c.17 §2; 2007 c.491 §1]

Source: Section 656.236 — Compromise and release of claim matters except for medical benefits; approval by Administrative Law Judge or board; approval by director for certain reserve reimbursements; restriction on charging costs to workers; restriction on joinder as parties for responsibility determinations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 652.145 — OR Code / Title 51 / Chapter 652 / Section 652.145
652.145 Payment of wages for seasonal farmworkers
Status: in_force

(1) Notwithstanding ORS 652.140 (Payment of wages on termination of employment) , if an employee has worked for an employer as a seasonal farmworker, whenever the employment terminates, all wages earned and unpaid become due and payable immediately except:

(a) Wages are due and payable by noon on the day after termination of the employment of the seasonal farmworker if:

(A) The termination occurs at the end of the harvest season;

(B) The employer is a farmworker camp operator described in ORS 658.715 (Farmworker camp operator requirements) (1)(b) or (c); and

(C) The farmworker is provided housing that complies with ORS 658.705 (Definitions for ORS 658.705 to 658.850) to 658.850 (Civil penalties) at no cost to the worker from the termination of work until wages due are paid.

(b) If the employee quits without giving the employer at least 48 hours’ notice, wages earned and unpaid are due and payable within 48 hours after the employee has quit, or at the next regularly scheduled payday after the employee has quit, whichever event first occurs.

(2) As used in this section, “seasonal farmworker” means an individual who, for an agreed remuneration or rate of pay, performs temporary labor for another in the production of farm products or in the planting, cultivating or harvesting of seasonal agricultural crops or in the forestation or reforestation of lands including, but not limited to, the planting, transplanting, tubing, precommercial thinning and thinning of trees and seedlings, the clearing, piling and disposal of brush and slash and other related activities. [1991 c.966 §4; 2001 c.613 §17; 2013 c.347 §1]

Source: Section 652.145 — Payment of wages for seasonal farmworkers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 657.870 — OR Code / Title 51 / Chapter 657 / Section 657.870
657.870 When operation of this chapter ceases
Status: in_force

(1) If title IX of the federal Social Security Act becomes inoperative by Act of Congress or by decision of the United States Supreme Court, payments of contributions and payment of benefits provided in this chapter shall cease.

(2) If the provisions of the Act of October 20, 1976, P.L. 94-566 (26 U.S.C. 3306) requiring benefit coverage for service performed in agricultural labor as provided in ORS 657.045 (Employment) (1)(a) and (b) and (7) and 657.105 (Wages) (2) become inoperative by Act of Congress or by decision of the United States Supreme Court, payments of contributions and payment of benefits pursuant to the statutes cited in this subsection shall cease. [Amended by 1977 c.446 §9]

Source: Section 657.870 — When operation of this chapter ceases , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 652.430 — OR Code / Title 51 / Chapter 652 / Section 652.430
652.430 Assigning wage claim to labor bureau of another state
Status: in_force

Whenever a wage claim is assigned to the Commissioner of the Bureau of Labor and Industries in trust pursuant to ORS 652.330 (Powers and duties of commissioner in enforcing wage claims) and the employer or former employer upon whom demand for payment is made by an employee in this state has removed to another state, the commissioner may reassign the wage claim, with the approval of the employee, to the labor bureau of the other state, if there is in effect at the time a valid reciprocal agreement under ORS 652.425 (Authority of commissioner to enter into agreements with other states for reciprocal enforcement of wage claims) between the commissioner and the other state. [1953 c.256 §3]

Source: Section 652.430 — Assigning wage claim to labor bureau of another state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 656.340 — OR Code / Title 51 / Chapter 656 / Section 656.340
656.340 Vocational assistance procedure
Status: repealed

(1) Intentionally left blank —Ed.

(a) The insurer or self-insured employer shall cause vocational assistance to be provided to an injured worker who is eligible for assistance in returning to work.

(b) For this purpose the insurer or self-insured employer shall contact a worker with a claim for a disabling compensable injury or claim for aggravation for evaluation of the worker’s eligibility for vocational assistance within five days of:

(A) Having knowledge of the worker’s likely eligibility for vocational assistance, from a medical or investigation report, notification from the worker, or otherwise; or

(B) The time the worker is medically stationary, if the worker has not returned to or been released for the worker’s regular employment or has not returned to other suitable employment with the employer at the time of injury or aggravation and the worker is not receiving vocational assistance.

(c) Eligibility may be redetermined by the insurer or self-insured employer upon receipt of new information that would change the eligibility determination.

(2) Contact under subsection (1) of this section shall include informing the worker about reemployment rights, the responsibility of the worker to request reemployment, and wage subsidy and job site modification assistance and the provisions of the preferred worker program pursuant to rules adopted by the Director of the Department of Consumer and Business Services.

(3) Within five days after notification that the attending physician or nurse practitioner authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided) has released a worker to return to work, the insurer or self-insured employer shall inform the worker about the opportunity to seek reemployment or reinstatement under ORS 659A.043 (Reinstatement of injured worker to former position) and 659A.046 (Reemployment of injured worker in other available and suitable work) . The insurer shall inform the employer of the worker’s reemployment rights, wage subsidy and the job site modification assistance and the provisions of the preferred worker program.

(4) As soon as possible, and not more than 30 days after the contact required by subsection (1) of this section, the insurer or self-insured employer shall cause an individual certified by the director to provide vocational assistance to determine whether the worker is eligible for vocational assistance. The insurer or self-insured employer shall notify the worker of the decision regarding the worker’s eligibility for vocational assistance. If the insurer or self-insured employer decides that the worker is not eligible, the worker may apply to the director for review of the decision as provided in subsection (16) of this section. A worker determined ineligible upon evaluation under subsection (1)(b)(B) of this section, or because the worker’s eligibility has fully and finally expired under standards prescribed by the director, may not be found eligible thereafter unless that eligibility determination is rejected by the director under subsection (16) of this section or the worker’s condition worsens so as to constitute an aggravation claim under ORS 656.273 (Aggravation for worsened conditions) . A worker is not entitled to vocational assistance benefits when possible eligibility for such benefits arises from a worsening of the worker’s condition that occurs after the expiration of the worker’s aggravation rights under ORS 656.273 (Aggravation for worsened conditions) .

(5) The objectives of vocational assistance are to return the worker to employment which is as close as possible to the worker’s regular employment at a wage as close as possible to the weekly wage currently being paid for employment which was the worker’s regular employment even though the wage available following employment may be less than the wage prescribed by subsection (6) of this section. As used in this subsection and subsection (6) of this section, “regular employment” means the employment the worker held at the time of the injury or the claim for aggravation under ORS 656.273 (Aggravation for worsened conditions) , whichever gave rise to the potential eligibility for vocational assistance; or, for a worker not employed at the time of the aggravation, the employment the worker held on the last day of work prior to the aggravation.

(6) Intentionally left blank —Ed.

(a) A worker is eligible for vocational assistance if the worker will not be able to return to the previous employment or to any other available and suitable employment with the employer at the time of injury or aggravation, and the worker has a substantial handicap to employment.

(b) As used in this subsection:

(A) A “substantial handicap to employment” exists when the worker, because of the injury or aggravation, lacks the necessary physical capacities, knowledge, skills and abilities to be employed in suitable employment.

(B) “Suitable employment” means:

(i) Employment of the kind for which the worker has the necessary physical capacity, knowledge, skills and abilities;

(ii) Employment that is located where the worker customarily worked or is within reasonable commuting distance of the worker’s residence; and

(iii) Employment that produces a weekly wage within 20 percent of that currently being paid for employment that was the worker’s regular employment as defined in subsection (5) of this section. The director shall adopt rules providing methods of calculating the weekly wage currently being paid for the worker’s regular employment for use in determining eligibility and for providing assistance to eligible workers. If the worker’s regular employment was seasonal or temporary, the worker’s wage shall be averaged based on a combination of the worker’s earned income and any unemployment insurance payments. Only earned income evidenced by verifiable documentation such as federal or state tax returns shall be used in the calculation. Earned income does not include fringe benefits or reimbursement of the worker’s employment expenses.

(7) Vocational evaluation, help in directly obtaining employment and training shall be available under conditions prescribed by the director. The director may establish other conditions for providing vocational assistance, including those relating to the worker’s availability for assistance, participation in previous assistance programs connected with the same claim and the nature and extent of assistance that may be provided. Such conditions shall give preference to direct employment assistance over training.

(8) An insurer or self-insured employer may utilize its own staff or may engage any other individual certified by the director to perform the vocational evaluation required by subsection (4) of this section.

(9) The director shall adopt rules providing:

(a) Standards for and methods of certifying individuals qualified by education, training and experience to provide vocational assistance to injured workers;

(b) Standards for registration of vocational assistance providers;

(c) Conditions and procedures under which the certification of an individual to provide vocational assistance services or the registration of a vocational assistance provider may be suspended or revoked for failure to maintain compliance with the certification or registration standards;

(d) Standards for the nature and extent of services a worker may receive, for plans for return to work and for determining when the worker has returned to work; and

(e) Procedures, schedules and conditions relating to the payment for services performed by a vocational assistance provider, that are based on payment for specific services performed and not fees for services performed on an hourly basis. Fee schedules shall reflect a reasonable rate for direct worker purchases and for all vocational assistance providers and shall be the same within suitable geographic areas.

(10) Insurers and self-insured employers shall maintain records and make reports to the director of vocational assistance actions at times and in the manner as the director may prescribe. The requirements prescribed shall be for the purpose of assisting the Department of Consumer and Business Services in monitoring compliance with this section to insure that workers receive timely and appropriate vocational assistance. The director shall minimize to the greatest extent possible the number, extent and kinds of reports required. The director shall compile a list of organizations or agencies registered to provide vocational assistance. A current list shall be distributed by the director to all insurers and self-insured employers. The insurer shall send the list to each worker with the notice of eligibility.

(11) When a worker is eligible to receive vocational assistance, the worker and the insurer or self-insured employer shall attempt to agree on the choice of a vocational assistance provider. If the worker agrees, the insurer or self-insured employer may utilize its own staff to provide vocational assistance. If they are unable to agree on a vocational assistance provider, the insurer or self-insured employer shall notify the director and the director shall select a provider. Any change in the choice of vocational assistance provider is subject to the approval of the director.

(12) Notwithstanding ORS 656.268 (Claim closure) , a worker actively engaged in training may receive temporary disability compensation for a maximum of 16 months. The insurer or self-insured employer may voluntarily extend the payment of temporary disability compensation to a maximum of 21 months. The director may order the payment of temporary disability compensation for up to 21 months upon good cause shown by the injured worker. The costs related to vocational assistance training programs may be paid for periods longer than 21 months, but in no event may temporary disability benefits be paid for a period longer than 21 months.

(13) As used in this section, “vocational assistance provider” means a public or private organization or agency that provides vocational assistance to injured workers.

(14) Intentionally left blank —Ed.

(a) Determination of eligibility for vocational assistance does not entitle all workers to the same type or extent of assistance.

(b) Training shall not be provided to an eligible worker solely because the worker cannot obtain employment, otherwise suitable, that will produce the wage prescribed in subsection (6) of this section unless such training will enable the worker to find employment which will produce a wage significantly closer to that prescribed in subsection (6) of this section.

(c) Nothing in this section shall be interpreted to expand the availability of training under this section.

(15) A physical capacities evaluation shall be performed in conjunction with vocational assistance or determination of eligibility for such assistance at the request of the insurer or self-insured employer or worker. The request shall be made to the attending physician or nurse practitioner authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided) . The attending physician or nurse practitioner, within 20 days of the request, shall perform a physical capacities evaluation or refer the worker for such evaluation or advise the insurer or self-insured employer and the worker in writing that the injured worker is incapable of participating in a physical capacities evaluation.

(16) Intentionally left blank —Ed.

(a) The Legislative Assembly finds that vocational rehabilitation of injured workers requires a high degree of cooperation between all of the participants in the vocational assistance process. Based on this finding, the Legislative Assembly concludes that disputes regarding eligibility for and extent of vocational assistance services should be resolved through nonadversarial procedures to the greatest extent possible consistent with constitutional principles. The director shall adopt by rule a procedure for resolving vocational assistance disputes in the manner provided in this subsection.

(b) If a worker is dissatisfied with an action of the insurer or self-insured employer regarding vocational assistance, the worker must apply to the director for administrative review of the matter. Application for review must be made not later than the 60th day after the date the worker was notified of the action. The director shall complete the review within a reasonable time.

(c) If the worker’s dissatisfaction is resolved by agreement of the parties, the agreement shall be reduced to writing, and the director and the parties shall review the agreement and either approve or disapprove it. The agreement is subject to reconsideration by the director under limitations prescribed by the director, but is not subject to review by any other forum.

(d) If the worker’s dissatisfaction is not resolved by agreement of the parties, the director shall resolve the matter in a written order based on a record sufficient to permit review. The order is subject to review under ORS 656.704 (Actions and orders regarding matters concerning claim and matters other than matters concerning claim) . The request for a hearing must be filed within 60 days of the date the order was issued. At the hearing, the order of the director shall be modified only if it:

(A) Violates a statute or rule;

(B) Exceeds the statutory authority of the agency;

(C) Was made upon unlawful procedure; or

(D) Was characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(e) For purposes of this subsection, the term “parties” does not include a noncomplying employer. [1981 c.535 §2; 1985 c.600 §11; 1987 c.884 §15; 1990 c.2 §27; 1995 c.332 §42; amendments by 1995 c.332 §42a repealed by 1999 c.6 §1; 2003 c.811 §§15,16; 2007 c.365 §8; 2009 c.35 §1; 2009 c.312 §1; 2013 c.103 §1]

Source: Section 656.340 — Vocational assistance procedure; eligibility criteria; service providers; resolution of vocational assistance disputes; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 653.273 — OR Code / Title 51 / Chapter 653 / Section 653.273
653.273 Workers excluded from agricultural overtime compensation requirements
Status: in_force

The provisions of ORS 653.272 (Overtime requirements for agricultural workers) relating to overtime compensation requirements for agricultural workers do not apply to:

(1) An individual described in ORS 653.020 (Excluded employees) (1).

(2) An individual employed in agriculture whose principal duties are administrative, executive or professional work and who:

(a) Performs predominantly intellectual, managerial or creative tasks;

(b) Exercises discretion and independent judgment; and

(c) Earns a salary and is paid on a salary basis. [2022 c.115 §4a]

Note: 653.273 (Workers excluded from agricultural overtime compensation requirements) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 653.273 — Workers excluded from agricultural overtime compensation requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors653.­html (accessed May 26, 2025).
ORS § 657.783 — OR Code / Title 51 / Chapter 657 / Section 657.783
657.783 Supplemental Employment Department Administration Fund
Status: in_force

(1) There is established in the State Treasury, separate and distinct from the General Fund, the Supplemental Employment Department Administration Fund. The Supplemental Employment Department Administration Fund shall consist of moneys collected or received by the Employment Department pursuant to section 3, chapter 449, Oregon Laws 1987, and ORS 657.439 (Wage Security Program funding) and 657.463 (Tax rate schedules) .

(2) Except as provided in subsection (3) of this section, all income earned on moneys in the Supplemental Employment Department Administration Fund invested by the State Treasurer shall accrue to the fund. Any balance in the fund shall not lapse at any time. All moneys in the fund are appropriated continuously to the department for the payment of expenses of administration of this chapter for which federal funding has been reduced, eliminated or otherwise is not available, and which has been authorized in the legislatively approved budget of the department.

(3) As determined on June 30 of each odd-numbered year, moneys in the Supplemental Employment Department Administration Fund that are in excess of 150 percent of the amount collected pursuant to ORS 657.463 (Tax rate schedules) (2) for the first quarter of the previous even-numbered year shall be transferred to the Unemployment Compensation Trust Fund. The transfer required by this subsection shall be made by December 31 of the odd-numbered year. [1987 c.449 §2; 1995 c.37 §2; 2005 c.183 §§3,18]

Source: Section 657.783 — Supplemental Employment Department Administration Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 656.313 — OR Code / Title 51 / Chapter 656 / Section 656.313
656.313 Stay of compensation pending request for hearing or review
Status: repealed

(1) Intentionally left blank —Ed.

(a) Filing by an employer or the insurer of a request for hearing on a reconsideration order before the Hearings Division, a request for Workers’ Compensation Board review or court appeal or request for review of an order of the Director of the Department of Consumer and Business Services regarding vocational assistance stays payment of the compensation appealed, except for:

(A) Temporary disability benefits that accrue from the date of the order appealed from until closure under ORS 656.268 (Claim closure) , or until the order appealed from is itself reversed, whichever event first occurs;

(B) Permanent total disability benefits that accrue from the date of the order appealed from until the order appealed from is reversed;

(C) Death benefits payable to a surviving spouse prior to remarriage, to children or dependents that accrue from the date of the order appealed from until the order appealed from is reversed; and

(D) Vocational benefits ordered by the director pursuant to ORS 656.340 (Vocational assistance procedure) (16). If a denial of vocational benefits is upheld by a final order, the insurer or self-insured employer shall be reimbursed from the Workers’ Benefit Fund pursuant to ORS 656.605 (Workers’ Benefit Fund) for all costs incurred in providing vocational benefits as a result of the order that was appealed.

(b) If ultimately found payable under a final order, benefits withheld under this subsection, and attorney fees and costs, shall accrue interest at the rate provided in ORS 82.010 (Legal rate of interest) from the date of the order appealed from through the date of payment. The board shall expedite review of appeals in which payment of compensation has been stayed under this section.

(2) If the board or court subsequently orders that compensation to the claimant should not have been allowed or should have been awarded in a lesser amount than awarded, the claimant shall not be obligated to repay any such compensation which was paid pending the review or appeal.

(3) If an insurer or self-insured employer denies the compensability of all or any portion of a claim submitted for medical services, the insurer or self-insured employer shall send notice of the denial to each provider of such medical services and to any provider of health insurance for the injured worker. Except for medical services payable in accordance with ORS 656.247 (Payment for medical services prior to claim acceptance or denial) , after receiving notice of the denial, a medical service provider may submit medical reports and bills for the disputed medical services to the provider of health insurance for the injured worker. The health insurance provider shall pay all such bills in accordance with the limits, terms and conditions of the policy. If the injured worker has no health insurance, such bills may be submitted to the injured worker. A provider of disputed medical services shall make no further effort to collect disputed medical service bills from the injured worker until the issue of compensability of the medical services has been finally determined.

(4) Except for medical services payable in accordance with ORS 656.247 (Payment for medical services prior to claim acceptance or denial) :

(a) When the compensability issue has been finally determined or when disposition or settlement of the claim has been made pursuant to ORS 656.236 (Compromise and release of claim matters except for medical benefits) or 656.289 (Orders of Administrative Law Judge) (4), the insurer or self-insured employer shall notify each affected service provider and health insurance provider of the results of the disposition or settlement.

(b) If the services are determined to be compensable, the insurer or self-insured employer shall reimburse each health insurance provider for the amount of claims paid by the health insurance provider pursuant to this section. Such reimbursement shall be in addition to compensation or medical benefits the worker receives. Medical service reimbursement shall be paid directly to the health insurance provider.

(c) If the services are settled pursuant to ORS 656.289 (Orders of Administrative Law Judge) (4), the insurer or self-insured employer shall reimburse, out of the settlement proceeds, each medical service provider for billings received by the insurer or self-insured employer on and before the date on which the terms of settlement are agreed as specified in the settlement document that are not otherwise partially or fully reimbursed.

(d) Reimbursement under this section shall be made only for medical services related to the claim that would be compensable under this chapter if the claim were compensable and shall be made at one-half the amount provided under ORS 656.248 (Medical service fee schedules) . In no event shall reimbursement made to medical service providers exceed 40 percent of the total present value of the settlement amount, except with the consent of the worker. If the settlement proceeds are insufficient to allow each medical service provider the reimbursement amount authorized under this subsection, the insurer or self-insured employer shall reduce each provider’s reimbursement by the same proportional amount. Reimbursement under this section shall not prevent a medical service provider or health insurance provider from recovering the balance of amounts owing for such services directly from the worker, unless the worker agrees to pay all medical service providers directly from the settlement proceeds the amount provided under ORS 656.248 (Medical service fee schedules) .

(5) As used in this section, “health insurance” has the meaning for that term provided in ORS 731.162 (“Health insurance.”) . [1965 c.285 §41; 1979 c.673 §1; 1981 c.535 §8; 1981 c.854 §22; 1983 c.809 §2; 1990 c.2 §23; 1993 c.521 §1; 1995 c.332 §38; amendments by 1995 c.332 §38a repealed by 1999 c.6 §1; 1999 c.6 §11; 2001 c.865 §13a; 2005 c.588 §4; 2009 c.35 §4; 2011 c.80 §1; 2015 c.521 §4]

Source: Section 656.313 — Stay of compensation pending request for hearing or review; procedure for denial of claim for medical services; reimbursement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 663.225 — OR Code / Title 51 / Chapter 663 / Section 663.225
663.225 Hearing of petitions
Status: in_force

(1) Petitions filed under ORS 663.175 (Authority of board to prevent unfair labor practices) to 663.260 (Service of process on union) shall be heard expeditiously, and if possible within 10 days after they are docketed.

(2) The commencement of proceedings under ORS 663.210 (Enforcement of orders by Court of Appeals) , 663.215 (Scope of court review of order) and 663.220 (Appeal of board’s order to Court of Appeals) does not, unless specifically ordered by the court, operate as a stay of the Employment Relations Board’s order. [1971 c.729 §29]

Source: Section 663.225 — Hearing of petitions; review proceedings not to stay board’s order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors663.­html (accessed May 26, 2025).
ORS § 652.445 — OR Code / Title 51 / Chapter 652 / Section 652.445
652.445 Deposit of moneys in Wage Collection Account
Status: in_force

Except as provided in ORS 652.440 (Retention by commissioner or labor bureau of percentage of funds collected) , all moneys collected pursuant to ORS 652.420 (Definitions for ORS 652.420 to 652.445) to 652.445 (Deposit of moneys in Wage Collection Account) , including costs, shall be paid to the Commissioner of the Bureau of Labor and Industries and be deposited in the State Treasury in the Wage Collection Account established by ORS 652.400 (Deposit of moneys in Wage Collection Account) . [1953 c.256 §6; 1957 c.465 §10; 2011 c.597 §264]

Source: Section 652.445 — Deposit of moneys in Wage Collection Account , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 656.029 — OR Code / Title 51 / Chapter 656 / Section 656.029
656.029 Obligation of person awarding contract to provide coverage for workers under contract
Status: in_force

(1) If a person awards a contract involving the performance of labor where such labor is a normal and customary part or process of the person’s trade or business, the person awarding the contract is responsible for providing workers’ compensation insurance coverage for all individuals, other than those exempt under ORS 656.027 (Who are subject workers) , who perform labor under the contract unless the person to whom the contract is awarded provides such coverage for those individuals before labor under the contract commences. If an individual who performs labor under the contract incurs a compensable injury, and no workers’ compensation insurance coverage is provided for that individual by the person who is charged with the responsibility for providing such coverage before labor under the contract commences, that person shall be treated as a noncomplying employer and benefits shall be paid to the injured worker in the manner provided in this chapter for the payment of benefits to the worker of a noncomplying employer.

(2) If a person to whom the contract is awarded is exempt from coverage under ORS 656.027 (Who are subject workers) , and that person engages individuals who are not exempt under ORS 656.027 (Who are subject workers) in the performance of the contract, that person shall provide workers’ compensation insurance coverage for all such individuals. If an individual who performs labor under the contract incurs a compensable injury, and no workers’ compensation insurance coverage is provided for that individual by the person to whom the contract is awarded, that person shall be treated as a noncomplying employer and benefits shall be paid to the injured worker in the manner provided in this chapter for the payment of benefits to the worker of a noncomplying employer.

(3) As used in this section:

(a) “Person” includes partnerships, joint ventures, associations, corporations, limited liability companies, governmental agencies and sole proprietorships.

(b) “Sole proprietorship” means a business entity or individual who performs labor without the assistance of others. [1979 c.864 §2; 1981 c.725 §1; 1981 c.854 §4; 1983 c.397 §1; 1983 c.579 §2a; 1985 c.706 §1; 1989 c.762 §5; 1995 c.93 §34; 1995 c.332 §6a]

Source: Section 656.029 — Obligation of person awarding contract to provide coverage for workers under contract; exceptions; effect of failure to provide coverage , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 657.880 — OR Code / Title 51 / Chapter 657 / Section 657.880
657.880 Health care coverage for unemployed individuals
Status: in_force

In order to provide health care coverage for eligible unemployed individuals, the Employment Department, upon approval and funding by the Emergency Board, is authorized:

(1) To deduct an amount from unemployment compensation otherwise payable to an individual and to use the amount so deducted to pay for health care coverage if the individual voluntarily elects to have such deduction made, and such deduction is made under a program which meets applicable federal requirements and has been approved in accordance with the provisions of this section and ORS 657.885 (“Health care coverage” defined) .

(2) To certify to the Oregon Health Authority those unemployed individuals eligible to receive health care coverage pursuant to criteria established by or pursuant to federal law in order to receive federal funds for obtaining such coverage.

(3) To enter into contracts with other appropriate federal or state agencies. [1983 c.753 §2; 2001 c.900 §259; 2009 c.595 §1043]

Source: Section 657.880 — Health care coverage for unemployed individuals; deduction of benefits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 656.268 — OR Code / Title 51 / Chapter 656 / Section 656.268
656.268 Claim closure
Status: in_force

(1) One purpose of this chapter is to restore the injured worker as soon as possible and as near as possible to a condition of self support and maintenance as an able-bodied worker. The insurer or self-insured employer shall close the worker’s claim, as prescribed by the Director of the Department of Consumer and Business Services, and determine the extent of the worker’s permanent disability, provided the worker is not enrolled and actively engaged in training according to rules adopted by the director pursuant to ORS 656.340 (Vocational assistance procedure) and 656.726 (Duties and powers to carry out workers’ compensation and occupational safety laws) , when one of the following conditions is met:

(a) The worker has become medically stationary and there is sufficient information to determine permanent disability. Notwithstanding any other provision of this chapter, a physician or nurse practitioner may not retroactively determine a worker to be medically stationary more than 60 days prior to the date of the determination except in the case of claims that are subject to subsection (13) of this section. An insurer or self-insured employer must mail or deliver written notice to a worker and to the worker’s attorney, if the worker is represented, within seven days following receipt of information that the worker is medically stationary.

(b) The accepted injury is no longer the major contributing cause of the worker’s combined or consequential condition or conditions pursuant to ORS 656.005 (Definitions) (7). When the claim is closed because the accepted injury is no longer the major contributing cause of the worker’s combined or consequential condition or conditions, and there is sufficient information to determine permanent disability, the likely permanent disability that would have been due to the current accepted condition shall be estimated.

(c) Without the approval of the attending physician or nurse practitioner authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided) , the worker fails to seek medical treatment for a period of 30 days or the worker fails to attend a closing examination, unless the worker affirmatively establishes that such failure is attributable to reasons beyond the worker’s control.

(d) An insurer or self-insured employer finds that a worker who has been receiving permanent total disability benefits has materially improved and is capable of regularly performing work at a gainful and suitable occupation.

(2) If the 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) , the temporary disability compensation shall be proportionately reduced by any sums earned during the training.

(3) A copy of all medical reports and reports of vocational rehabilitation agencies or counselors shall be furnished to the worker, if requested by the worker.

(4) Temporary total disability benefits shall continue until whichever of the following events first occurs:

(a) The worker returns to regular or modified employment;

(b) The attending physician or nurse practitioner who has authorized temporary disability benefits for the worker under ORS 656.245 (Medical services to be provided) advises the worker and documents in writing that the worker is released to return to regular employment;

(c) The attending physician or nurse practitioner who has authorized temporary disability benefits for the worker under ORS 656.245 (Medical services to be provided) advises the worker and documents in writing that the worker is released to return to modified employment, such employment is offered in writing to the worker and the worker fails to begin such employment. However, an offer of modified employment may be refused by the worker without the termination of temporary total disability benefits if the offer:

(A) Requires a commute that is beyond the physical capacity of the worker according to the worker’s attending physician or the nurse practitioner who may authorize temporary disability under ORS 656.245 (Medical services to be provided) ;

(B) Is at a work site more than 50 miles one way from where the worker was injured unless the site is less than 50 miles from the worker’s residence or the intent of the parties at the time of hire or as established by the pattern of employment prior to the injury was that the employer had multiple or mobile work sites and the worker could be assigned to any such site;

(C) Is not with the employer at injury;

(D) Is not at a work site of the employer at injury;

(E) Is not consistent with the existing written shift change policy or is not consistent with common practice of the employer at injury or aggravation; or

(F) Is not consistent with an existing shift change provision of an applicable collective bargaining agreement;

(d) Any other event that causes temporary disability benefits to be lawfully suspended, withheld or terminated under ORS 656.262 (Processing of claims and payment of compensation) (4) or other provisions of this chapter; or

(e) Notwithstanding paragraph (c)(C), (D), (E) and (F) of this subsection, the attending physician or nurse practitioner who has authorized temporary disability benefits under ORS 656.245 (Medical services to be provided) for a home care worker or a personal support worker who has been made a subject worker pursuant to ORS 656.039 (Election of coverage for workers not subject to law) advises the home care worker or personal support worker and documents in writing that the home care worker or personal support worker is released to return to modified employment, appropriate modified employment is offered in writing by the Home Care Commission or a designee of the commission to the home care worker or personal support worker for any client of the Department of Human Services who employs a home care worker or personal support worker and the worker fails to begin the employment.

(5) Intentionally left blank —Ed.

(a) Findings by the insurer or self-insured employer regarding the extent of the worker’s disability in closure of the claim shall be pursuant to the standards prescribed by the director.

(b) The insurer or self-insured employer shall issue a notice of closure of the claim to the worker and to the worker’s attorney if the worker is represented. The insurer or self-insured employer shall notify the director of the closure in the manner the director prescribes by rule. If the worker is deceased at the time the notice of closure is issued, the insurer or self-insured employer shall mail the worker’s copy of the notice of closure, addressed to the estate of the worker, to the worker’s last known address and may mail copies of the notice of closure to any known or potential beneficiaries to the estate of the deceased worker.

(c) The notice of closure must inform:

(A) The parties, in boldfaced type, of the proper manner in which to proceed if they are dissatisfied with the terms of the notice of closure;

(B) The worker of:

(i) The amount of any further compensation, including permanent disability compensation to be awarded;

(ii) The duration of temporary total or temporary partial disability compensation;

(iii) The right of the worker or beneficiaries of the worker who were mailed a copy of the notice of closure under paragraph (b) of this subsection to request reconsideration by the director under this section within 60 days of the date of the notice of closure;

(iv) The right of beneficiaries who were not mailed a copy of the notice of closure under paragraph (b) of this subsection to request reconsideration by the director under this section within one year of the date the notice of closure was mailed to the estate of the worker under paragraph (b) of this subsection;

(v) The right of the insurer or self-insured employer to request reconsideration by the director under this section within seven days of the date of the notice of closure;

(vi) The aggravation rights; and

(vii) Any other information as the director may require; and

(C) Any beneficiaries of death benefits to which they may be entitled pursuant to ORS 656.204 (Death) and 656.208 (Death during permanent total disability) .

(d) If the insurer or self-insured employer has not issued a notice of closure, the worker may request closure. Within 10 days of receipt of a written request from the worker, the insurer or self-insured employer shall issue a notice of closure if the requirements of this section have been met or a notice of refusal to close if the requirements of this section have not been met. A notice of refusal to close shall advise the worker of:

(A) The decision not to close;

(B) The right of the worker to request a hearing pursuant to ORS 656.283 (Hearing rights and procedure) within 60 days of the date of the notice of refusal to close;

(C) The right to be represented by an attorney; and

(D) Any other information as the director may require.

(e) If a worker, a worker’s beneficiary, an insurer or a self-insured employer objects to the notice of closure, the objecting party first must request reconsideration by the director under this section. A worker’s request for reconsideration must be made within 60 days of the date of the notice of closure. If the worker is deceased at the time the notice of closure is issued, a request for reconsideration by a beneficiary of the worker who was mailed a copy of the notice of closure under paragraph (b) of this subsection must be made within 60 days of the date of the notice of closure. A request for reconsideration by a beneficiary to the estate of a deceased worker who was not mailed a copy of the notice of closure under paragraph (b) of this subsection must be made within one year of the date the notice of closure was mailed to the estate of the worker under paragraph (b) of this subsection. A request for reconsideration by an insurer or self-insured employer may be based only on disagreement with the findings used to rate impairment and must be made within seven days of the date of the notice of closure.

(f) If an insurer or self-insured employer has closed a claim or refused to close a claim pursuant to this section, if the correctness of that notice of closure or refusal to close is at issue in a hearing on the claim and if a finding is made at the hearing that the notice of closure or refusal to close was not reasonable, a penalty shall be assessed against the insurer or self-insured employer and paid to the worker in an amount equal to 25 percent of all compensation determined to be then due the claimant.

(g) If, upon reconsideration of a claim closed by an insurer or self-insured employer, the director orders an increase by 25 percent or more of the amount of compensation to be paid to the worker for permanent disability and the worker is found upon reconsideration to be at least 20 percent permanently disabled, a penalty shall be assessed against the insurer or self-insured employer and paid to the worker in an amount equal to 25 percent of all compensation determined to be then due the claimant. If the increase in compensation results from information that the insurer or self-insured employer demonstrates the insurer or self-insured employer could not reasonably have known at the time of claim closure, from new information obtained through a medical arbiter examination or from a determination order issued by the director that addresses the extent of the worker’s permanent disability that is not based on the standards adopted pursuant to ORS 656.726 (Duties and powers to carry out workers’ compensation and occupational safety laws) (4)(f), the penalty shall not be assessed.

(6) Intentionally left blank —Ed.

(a) Notwithstanding any other provision of law, only one reconsideration proceeding may be held on each notice of closure. At the reconsideration proceeding:

(A) A deposition arranged by the worker, limited to the testimony and cross-examination of the worker about the worker’s condition at the time of claim closure, shall become part of the reconsideration record. The deposition must be conducted subject to the opportunity for cross-examination by the insurer or self-insured employer and in accordance with rules adopted by the director. The cost of the court reporter, interpreter services, if necessary, and one original of the transcript of the deposition for the Department of Consumer and Business Services and one copy of the transcript of the deposition for each party shall be paid by the insurer or self-insured employer. The reconsideration proceeding may not be postponed to receive a deposition taken under this subparagraph. A deposition taken in accordance with this subparagraph may be received as evidence at a hearing even if the deposition is not prepared in time for use in the reconsideration proceeding.

(B) Pursuant to rules adopted by the director, the worker or the insurer or self-insured employer may correct information in the record that is erroneous and may submit any medical evidence that should have been but was not submitted by the attending physician or nurse practitioner authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided) at the time of claim closure.

(C) If the director determines that a claim was not closed in accordance with subsection (1) of this section, the director may rescind the closure.

(b) If necessary, the director may require additional medical or other information with respect to the claims and may postpone the reconsideration for not more than 60 additional calendar days.

(c) In any reconsideration proceeding under this section in which the worker was represented by an attorney, the director shall order the insurer or self-insured employer to pay to the attorney, out of the additional compensation awarded, an amount equal to 10 percent of any additional compensation awarded to the worker.

(d) Except as provided in subsection (7) of this section, the reconsideration proceeding shall be completed within 18 working days from the date the reconsideration proceeding begins, and shall be performed by a special evaluation appellate unit within the department. The deadline of 18 working days may be postponed by an additional 60 calendar days if within the 18 working days the department mails notice of review by a medical arbiter. If an order on reconsideration has not been mailed on or before 18 working days from the date the reconsideration proceeding begins, or within 18 working days plus the additional 60 calendar days where a notice for medical arbiter review was timely mailed or the director postponed the reconsideration pursuant to paragraph (b) of this subsection, or within such additional time as provided in subsection (8) of this section when reconsideration is postponed further because the worker has failed to cooperate in the medical arbiter examination, reconsideration shall be deemed denied and any further proceedings shall occur as though an order on reconsideration affirming the notice of closure was mailed on the date the order was due to issue.

(e) The period for completing the reconsideration proceeding described in paragraph (d) of this subsection begins upon receipt by the director of a worker’s or a beneficiary’s request for reconsideration pursuant to subsection (5)(e) of this section. If the insurer or self-insured employer requests reconsideration, the period for reconsideration begins upon the earlier of the date of the request for reconsideration by the worker or beneficiary, the date of receipt of a waiver from the worker or beneficiary of the right to request reconsideration or the date of expiration of the right of the worker or beneficiary to request reconsideration. If a party elects not to file a separate request for reconsideration, the party does not waive the right to fully participate in the reconsideration proceeding, including the right to proceed with the reconsideration if the initiating party withdraws the request for reconsideration.

(f) Any medical arbiter report may be received as evidence at a hearing even if the report is not prepared in time for use in the reconsideration proceeding.

(g) If any party objects to the reconsideration order, the party may request a hearing under ORS 656.283 (Hearing rights and procedure) within 30 days from the date of the reconsideration order.

(7) Intentionally left blank —Ed.

(a) The director may delay the reconsideration proceeding and toll the reconsideration timeline established under subsection (6) of this section for up to 45 calendar days if:

(A) A request for reconsideration of a notice of closure has been made to the director within 60 days of the date of the notice of closure;

(B) The parties are actively engaged in settlement negotiations that include issues in dispute at reconsideration;

(C) The parties agree to the delay; and

(D) Both parties notify the director before the 18th working day after the reconsideration proceeding has begun that they request a delay under this subsection.

(b) A delay of the reconsideration proceeding granted by the director under this subsection expires:

(A) If a party requests the director to resume the reconsideration proceeding before the expiration of the delay period;

(B) If the parties reach a settlement and the director receives a copy of the approved settlement documents before the expiration of the delay period; or

(C) On the next calendar day following the expiration of the delay period authorized by the director.

(c) Upon expiration of a delay granted under this subsection, the timeline for the completion of the reconsideration proceeding shall resume as if the delay had never been granted.

(d) Compensation due the worker shall continue to be paid during the period of delay authorized under this subsection.

(e) The director may authorize only one delay period for each reconsideration proceeding.

(8) Intentionally left blank —Ed.

(a) If the basis for objection to a notice of closure issued under this section is disagreement with the impairment used in rating of the worker’s disability, the director shall refer the claim to a medical arbiter appointed by the director.

(b) If the director determines that insufficient medical information is available to determine disability, the director may appoint, and refer the claim to, a medical arbiter.

(c) At the request of either of the parties, the director shall appoint a panel of as many as three medical arbiters in accordance with criteria that the director sets by rule.

(d) The arbiter, or panel of medical arbiters, must be chosen from among a list of physicians qualified to be attending physicians referred to in ORS 656.005 (Definitions) (12)(b)(A) whom the director selected in consultation with the Oregon Medical Board and the committee referred to in ORS 656.790 (Workers’ Compensation Management-Labor Advisory Committee) .

(e) Intentionally left blank —Ed.

(A) The medical arbiter or panel of medical arbiters may examine the worker and perform such tests as may be reasonable and necessary to establish the worker’s impairment.

(B) If the director determines that the worker failed to attend the examination without good cause or failed to cooperate with the medical arbiter, or panel of medical arbiters, the director shall postpone the reconsideration proceedings for up to 60 days from the date of the determination that the worker failed to attend or cooperate, and shall suspend all disability benefits resulting from this or any prior opening of the claim until such time as the worker attends and cooperates with the examination or the request for reconsideration is withdrawn. Any additional evidence regarding good cause must be submitted prior to the conclusion of the 60-day postponement period.

(C) At the conclusion of the 60-day postponement period, if the worker has not attended and cooperated with a medical arbiter examination or established good cause, the worker may not attend a medical arbiter examination for this claim closure. The reconsideration record must be closed, and the director shall issue an order on reconsideration based upon the existing record.

(D) All disability benefits suspended under this subsection, including all disability benefits awarded in the order on reconsideration, or by an Administrative Law Judge, the Workers’ Compensation Board or upon court review, are not due and payable to the worker.

(f) The insurer or self-insured employer shall pay the costs of examination and review by the medical arbiter or panel of medical arbiters.

(g) The findings of the medical arbiter or panel of medical arbiters must be submitted to the director for reconsideration of the notice of closure.

(h) After reconsideration, no subsequent medical evidence of the worker’s impairment is admissible before the director, the Workers’ Compensation Board or the courts for purposes of making findings of impairment on the claim closure.

(i) Intentionally left blank —Ed.

(A) If the basis for objection to a notice of closure issued under this section is a disagreement with the impairment used in rating the worker’s disability, and the director determines that the worker is not medically stationary at the time of the reconsideration or that the closure was not made pursuant to this section, the director is not required to appoint a medical arbiter before completing the reconsideration proceeding.

(B) If the worker’s condition has substantially changed since the notice of closure, upon the consent of all the parties to the claim, the director shall postpone the proceeding until the worker’s condition is appropriate for claim closure under subsection (1) of this section.

(9) No hearing shall be held on any issue that was not raised and preserved before the director at reconsideration. However, issues arising out of the reconsideration order may be addressed and resolved at hearing.

(10) If, after the notice of closure issued pursuant to this section, the worker becomes 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) , any permanent disability payments due for work disability under the closure shall be suspended, and the worker shall receive temporary disability compensation and any permanent disability payments due for impairment while the worker is enrolled and actively engaged in the training. When the worker ceases to be enrolled and actively engaged in the training, the insurer or self-insured employer shall again close the claim pursuant to this section if the worker is medically stationary or if the worker’s accepted injury is no longer the major contributing cause of the worker’s combined or consequential condition or conditions pursuant to ORS 656.005 (Definitions) (7). The closure shall include the duration of temporary total or temporary partial disability compensation. Permanent disability compensation shall be redetermined for work disability only. If the worker has returned to work or the worker’s attending physician has released the worker to return to regular or modified employment, the insurer or self-insured employer shall again close the claim. This notice of closure may be appealed only in the same manner as are other notices of closure under this section.

(11) If the attending physician or nurse practitioner authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided) has approved the worker’s return to work and there is a labor dispute in progress at the place of employment, the worker may refuse to return to that employment without loss of reemployment rights or any vocational assistance provided by this chapter.

(12) Any notice of closure made under this section may include necessary adjustments in compensation paid or payable prior to the notice of closure, including disallowance of permanent disability payments prematurely made, crediting temporary disability payments against current or future permanent or temporary disability awards or payments and requiring the payment of temporary disability payments which were payable but not paid.

(13) An insurer or self-insured employer may take a credit or offset of previously paid workers’ compensation benefits or payments against any further workers’ compensation benefits or payments due a worker from that insurer or self-insured employer when the worker admits to having obtained the previously paid benefits or payments through fraud, or a civil judgment or criminal conviction is entered against the worker for having obtained the previously paid benefits through fraud. Benefits or payments obtained through fraud by a worker may not be included in any data used for ratemaking or individual employer rating or dividend calculations by an insurer, a rating organization licensed pursuant to ORS chapter 737, the State Accident Insurance Fund Corporation or the director.

(14) Intentionally left blank —Ed.

(a) An insurer or self-insured employer may offset any compensation payable to the worker to recover an overpayment from a claim with the same insurer or self-insured employer. When overpayments are recovered from temporary disability or permanent total disability benefits, the amount recovered from each payment shall not exceed 25 percent of the payment, without prior authorization from the worker.

(b) An insurer or self-insured employer may suspend and offset any compensation payable to the beneficiary of the worker, and recover an overpayment of permanent total disability benefits caused by the failure of the worker’s beneficiaries to notify the insurer or self-insured employer about the death of the worker.

(15) Conditions that are direct medical sequelae to the original accepted condition shall be included in rating permanent disability of the claim unless they have been specifically denied.

(16) Intentionally left blank —Ed.

(a) Except as provided under subsection (13) of this section, an insurer or self-insured employer may not recover an overpayment from a worker’s permanent partial disability compensation for overpayments, offsets or credits of wage loss in an amount that exceeds 50 percent of the total compensation awarded to the worker.

(b) An insurer or self-insured employer may not declare an overpayment of any compensation that was paid more than two years prior to the date of the declaration. [1965 c.285 §31; 1973 c.620 §3; 1973 c.634 §2; 1977 c.804 §5; 1977 c.862 §1; 1979 c.839 §4; 1981 c.535 §7a; 1981 c.854 §19; 1981 c.874 §13; 1985 c.425 §1; 1985 c.600 §8; 1987 c.884 §10; 1990 c.2 §16; 1991 c.502 §1; 1995 c.332 §30; 1997 c.111 §1; 1997 c.382 §1; 1999 c.313 §1; 1999 c.1020 §3; 2001 c.349 §1; 2001 c.377 §63; 2001 c.865 §12; 2003 c.429 §1; 2003 c.657 §§7,8; 2003 c.811 §§11,12; 2005 c.221 §§1,2; 2005 c.461 §§3,4; 2005 c.569 §§1,2; 2007 c.241 §§11,12; 2007 c.270 §§4,5; 2007 c.274 §4; 2007 c.365 §6; 2007 c.835 §§2,3; 2011 c.99 §1; 2015 c.144 §1; 2017 c.68 §1; 2018 c.75 §29; 2021 c.47 §2; 2022 c.73 §§4,5]

Note: Section 6, chapter 73, Oregon Laws 2022, provides:

Sec. 6. (1) The amendments to ORS 656.268 (Claim closure) by sections 4 and 5 of this 2022 Act apply to all claims that exist on, or arise on or after, January 1, 2024, regardless of the date of injury or the date on which the claim is filed.

(2) Notwithstanding subsection (1) of this section, the amendments to ORS 656.268 (Claim closure) by sections 4 and 5 of this 2022 Act do not apply to disputes in which a final determination is made prior to January 1, 2024. [2022 c.73 §6]

Source: Section 656.268 — Claim closure; termination of temporary total disability benefits; reconsideration of closure; medical arbiter to make findings of impairment for reconsideration; credit or offset for fraudulently obtained or overpaid benefits; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 657.152 — OR Code / Title 51 / Chapter 657 / Section 657.152
657.152 Adjusting benefits to even dollar amounts
Status: in_force

Notwithstanding any other provision of this chapter to the contrary, any amount of unemployment compensation payable to any individual for any week if not an even dollar amount, shall be rounded to the next lower full dollar amount. [1983 c.51 §4]

Source: Section 657.152 — Adjusting benefits to even dollar amounts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 652.125 — OR Code / Title 51 / Chapter 652 / Section 652.125
652.125 Bond required when failure to make timely wage payment occurs
Status: in_force

(1) If, upon complaint by an employee, and after investigation, it appears to the Commissioner of the Bureau of Labor and Industries that an employer is failing to pay wages within five days of a payday scheduled by the employer, the commissioner may require the employer to give a bond in such amount as the commissioner determines necessary, with sufficient surety, to assure timely payment of wages due employees for such future period as the commissioner considers appropriate. In lieu of a bond, the commissioner may accept a letter of credit from an issuer approved by the commissioner, upon such terms and conditions and for such amount as the commissioner determines necessary to assure timely payment of wages for such future period as the commissioner determines appropriate.

(2) If, within 10 days after demand for such bond, the employer fails to provide the same, the commissioner may commence court action against the employer in the circuit court of appropriate jurisdiction to compel the employer to furnish such bond or cease doing business until the employer has done so. The employer shall have the burden of proving the amount thereof to be excessive.

(3) If the court finds that there is just cause for requiring such bond and that the same is reasonably necessary or appropriate to secure the prompt payment of the wages of the employees of such employer, the court shall enjoin such employer from doing business in this state until the requirement is met, or shall make other, and may make further, orders appropriate to compel compliance with the requirement. [1989 c.651 §3]

Note: 652.125 (Bond required when failure to make timely wage payment occurs) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 652 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 652.125 — Bond required when failure to make timely wage payment occurs; court to enjoin business of employer failing to provide bond , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).