reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 30 - CLAIM CLOSURE AND RECONSIDERATION › Section 436-030-0155 - Reconsideration Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The record
			 for the reconsideration proceeding includes all documents and other material
			 relied upon in issuing the Order on Reconsideration as well as any additional
			 material submitted by the parties, but not considered in the reconsideration
			 proceeding.
(a) The record is maintained by
			 the division and consists of all documents and material documented as received
			 by the director prior to the issuance of the Order on Reconsideration, unless
			 the document is an exact duplicate of what is in the file then the director is
			 not required to retain the duplicate document.
(b) The insurer or self-insured employer may
			 not send billing information and duplicate documents to the department, unless
			 specifically requested by the director.
(c) Evidence stored by the parties on audio
			 media and submitted as part of the reconsideration record may only be submitted
			 in transcribed form.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 30 - CLAIM CLOSURE AND RECONSIDERATION › Section 436-030-0165 - Medical Arbiter Examination Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The director will select a medical
			 arbiter physician or a panel of physicians in accordance with ORS
			 656.268(8).
(a) For the purpose of this rule, a "panel"
			 of physicians is defined as two or three medical arbiters.
(b) When a panel medical arbiter examination
			 is requested, the director will generally appoint three medical arbiters. The
			 director may consider the following criteria when determining whether to
			 appoint two medical arbiters instead:
(A) The
			 location of the worker;
(B) The
			 specialties of the doctors needed for the medical arbiter examination;
			 and
(C) The time frame for
			 completing the reconsideration process.
(c) Any party that objects to a physician on
			 the basis that the physician is not qualified under ORS
			 656.005(12)(b)
			 must notify the director of the specific objection before the examination. If
			 the director determines that the physician is not qualified to be a medical
			 arbiter on the specific case, an examination will be scheduled with a different
			 physician.
(d) When the worker
			 resides outside the state of Oregon, a medical arbiter examination may be
			 scheduled out-of-state with a physician who is licensed within that state to
			 provide medical services in the same manner as required by ORS
			 656.268(8).
(e) Arbiters or panel members will not
			 include any health care provider whose examination or treatment is the subject
			 of the review.
(f) The insurer must
			 pay all costs related to the completion of the medical arbiter process in this
			 rule. These costs may include, but are not limited to, costs for child care,
			 travel, meals, lodging, and an amount equivalent to the worker's net lost wages
			 for the period during which it is necessary to be absent from work to attend
			 the medical examination if the worker does not receive benefits under ORS
			 656.210(4)
			 during the period of absence.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 30 - CLAIM CLOSURE AND RECONSIDERATION › Section 436-030-0175 - Fees and Penalties Within the Reconsideration Proceeding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An insurer
			 failing to provide information or documentation as set forth in OAR
			 436-030-0135,
			 436-030-0145,
			 436-030-0155 and
			 436-030-0165 may be assessed
			 civil penalties under OAR
			 436-030-0580. Failure to comply
			 with the requirements set forth in OAR
			 436-030-0135,
			 436-030-0145,
			 436-030-0155, and
			 436-030-0165 may also be grounds
			 for extending the reconsideration proceeding under ORS
			 656.268(6).
(2) If upon reconsideration of a Notice of
			 Closure there is an increase of 25 percent or more in the amount of permanent
			 disability compensation from that awarded by the Notice of Closure, and the
			 worker is found to be at least 20 percent permanently disabled, the insurer
			 will be ordered to pay the worker a penalty equal to 25 percent of the
			 increased amount of permanent disability compensation. Penalties will not be
			 assessed if an increase in compensation results from one of the following:
(a) An order issued by the director that
			 addresses the extent of the worker's permanent disability that is not based on
			 the standards adopted under ORS
			 656.726(4)(f);
(b) New information is obtained through a
			 medical arbiter examination, for claims with medically stationary dates or
			 statutory closure dates on or after June 7, 1995; or
(c) Information that the insurer or
			 self-insured employer demonstrates they could not reasonably have known at the
			 time of claim closure.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 30 - CLAIM CLOSURE AND RECONSIDERATION › Section 436-030-0185 - Reconsideration: Settlements and Withdrawals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Contested matters arising out of a claim
			 closure may be resolved by mutual agreement of the parties at any time after
			 the claim has been closed under ORS
			 656.268 but before that claim
			 closure has become final by operation of law. If the parties have reached such
			 an agreement prior to the completion of the reconsideration proceeding, the
			 parties must submit the stipulation agreement to the director for approval as
			 part of the reconsideration proceeding. The stipulation submitted for review at
			 the reconsideration proceeding must:
(a)
			 Address only issues that pertain to a claim closure and cannot include any
			 issues of compensability; and
(b)
			 List the body part for which any award is made and recite all disability
			 awarded in both degrees and percent of loss as appropriate based on date of
			 injury when permanent partial disability is part of the stipulated agreement.
			 In the event there is any inconsistency between the stated degrees and percent
			 of loss awarded in any stipulated agreement for claims with dates of injury
			 prior to January 1, 2005, the stated percent of loss will
			 control.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 30 - CLAIM CLOSURE AND RECONSIDERATION › Section 436-030-0575 - Audits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notices of Closure and supporting
			 documentation including, but not limited to, the Notice of Closure Worksheet
			 (Form 2807) upon which the Notice of Closure is based, will be subject to
			 periodic audit by the director. Supporting documentation and records must be
			 maintained in accordance with OAR 436-050.
(2) The insurer or self-insured employer is
			 required to provide the director, within seven days of the director's request,
			 any data the director identifies as necessary to determine the impact of
			 legislative changes on permanent partial disability awards.
Statutory/Other Authority: ORS
				  656.268 &
				  656.726
Statutes/Other Implemented: ORS
				  656.268,
				  656.726 &
				  656.455
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 30 - CLAIM CLOSURE AND RECONSIDERATION › Section 436-030-0580 - Penalties and Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under
			 ORS 656.745, the director or
			 designee may assess a civil penalty against an employer or insurer who fails to
			 comply with the statutes, rules, or orders of the director regarding reports or
			 other requirements necessary to carry out the purposes of the Workers'
			 Compensation Law.
(2) An insurer or
			 health care provider failing to meet the requirements set forth in these rules
			 may be assessed a civil penalty.
(3) Under OAR
			 436-010-0340, the director may
			 impose sanctions for any health care provider where the insurer can provide
			 sufficient documentation to substantiate lack of cooperation. The medical
			 service provider will be sent a warning letter about the reporting requirements
			 and possible penalties. Failure by the health care provider to submit the
			 requested information within the specified period may result in civil
			 penalties.
(4) Sufficient
			 documentation to substantiate lack of cooperation by the health care provider
			 includes:
(a) Copies of letters to the health
			 care provider;
(b) Memos to the
			 claim file of follow-up phone calls or the lack of response;
(c) Letters from the health care provider
			 indicating a lack of cooperation; or
(d) Medical reports received by the insurer,
			 after adequate instruction by the insurer or the director, which do not supply
			 the requested information or which supply information that is not consistent
			 with the Disability Rating Standards in OAR 436-035.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0001 - Authority for Rules

Current through Register Vol. 63, No. 7, July 1, 2024
These rules are promulgated under the Director's authority
				contained in ORS 656.726(4).
Stat. Auth.: ORS
				  656.726
Stats. Implemented: ORS
				  656.005,
				  656.214,
				  656.268 &
				  656.726
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0002 - Purpose of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
These rules establish standards for rating permanent disability
				under the Workers' Compensation Act. These standards are written to reflect the
				criteria for rating outlined in ORS chapter 656 and assign values for
				disabilities that are applied consistently at all levels of the workers'
				compensation award and appeal process.
Stat. Auth.: ORS
				  656.726
Stats. Implemented.: ORS
				  656.005,
				  656.012,
				  656.210,
				  656.212,
				  656.214,
				  656.222,
				  656.225,
				  656.245,
				  656.262,
				  656.267,
				  656.268,
				  656.273,
				  656.726,
				  656.790
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0003 - Applicability of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 apply to the rating of permanent disability under ORS chapter 656 and to all
			 claims closed on or after the effective date of these rules for workers
			 medically stationary on or after June 7, 1995.
(2) The rules adopted by WCD Administrative
			 Order 93-056 apply to the rating of permanent disability for workers medically
			 stationary on or after July 1, 1990 but before June 7, 1995, except as
			 otherwise provided in 1995 Oregon Laws, chapter 332.
(3) The rules adopted by WCD Administrative
			 Order 6-1988 apply to the rating of permanent disability for workers medically
			 stationary before July 1, 1990, except as otherwise provided in 1995 Oregon
			 Laws, chapter 332.
(4) For the
			 purpose of reconsideration of claim closure under ORS
			 656.268, the rules in effect on
			 the date of issuance of the appealed notice of closure apply to the rating of
			 permanent disability for workers medically stationary after July 1, 1990,
			 except as otherwise provided in 1995 Oregon Laws, chapter 332.
Stat. Auth.: ORS
				  656.726
Stats. Implemented: ORS
				  656.005,
				  656.214,
				  656.268,
				  656.273 &
				  656.726
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR
				436-035-0001 through
				436-035-0500, unless the context
				requires otherwise:
(1) "Activities
			 of daily living (ADL)" include, but are not limited to, the following personal
			 activities required by an individual for continued well-being:
			 eating/nutrition; self-care and personal hygiene; communication and cognitive
			 functions; and physical activity, e.g., standing, walking, kneeling, hand
			 functions, etc.
(2) "Ankylosis"
			 means a bony fusion, fibrous union, or arthrodesis of a joint. Ankylosis does
			 not include pseudarthrosis or articular arthropathies.
(3) "Date of issuance" means the mailing date
			 of a notice of closure or Order on Reconsideration under ORS
			 656.268 and ORS
			 656.283(6).
(4) "Dictionary of Occupational
			 Titles" or (DOT) means the publication of the same name by the U.S. Department
			 of Labor, Fourth Edition Revised 1991.
(5) "Direct medical sequela" means a
			 condition that is clearly established medically and originates or stems from an
			 accepted condition. For example: The accepted condition is low back strain with
			 herniated disc at L4-5. The worker develops permanent weakness in the leg and
			 foot due to the accepted condition. The weakness is considered a "direct
			 medical sequela".
(6) "Earning
			 capacity" means impairment as modified by age, education, and adaptability.
(7) "Irreversible findings" for
			 the purposes of these rules are:
(a) Arm:
(A) Arm angulation;
(B) Radial head resection;
(C) Shortening;
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0006 - Determination of Benefits for Disability Caused by the Compensable Injury

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In initial
			 injury claims. In an initial injury claim, permanent disability caused by the
			 compensable injury includes disability caused by:
(a) An accepted condition; or
(b) A direct medical sequela of an accepted
			 condition.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0007 - General Principles

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Eligibility for impairment.
(a)
Eligibility, generally.
A worker is eligible for an award for
			 impairment if:
(A) The worker suffers
			 permanent loss of use or function of a body part or system;
(B) The loss is established by a
			 preponderance of medical evidence based upon objective findings of impairment;
			 and
(C) The loss is due to the
			 compensable injury.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0008 - Calculating Disability Benefits (Dates of Injury prior to 1/1/2005)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Scheduled
			 disability with a date of injury prior to January 1, 2005, is rated on the
			 permanent loss of use or function of a body part caused by a compensable
			 injury. To calculate the scheduled impairment benefit, use the following steps:
(a) Determine the percent of scheduled
			 impairment using the impairment values found in OAR
			 436-035-0019 through
			 436-035-0260, and the applicable
			 procedures within these rules.
(b)
			 Multiply the result in (a) by the maximum degrees, under ORS
			 656.214, for the injured body
			 part.
(c) Multiply the result from
			 (b) by the statutory dollar rate under ORS
			 656.214 and illustrated in
			 Bulletin 111.
(d) The result from
			 (c) is the scheduled impairment benefit. If there are multiple extremities with
			 impairment then each is determined and awarded separately, including hearing
			 and vision loss.
Example
: Scheduled impairment benefit
0.12 Scheduled impairment percent (12%)
x 192 Maximum degrees for the body part
= 23.04 Degrees of scheduled disability
x $559.00 Statutory dollar rate per degree
= $12,879.36 Scheduled impairment benefit
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0009 - Calculating Disability Benefits (Date of Injury on or after 1/1/2005)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Permanent
			 impairment is expressed as a percent of the whole person and the impairment
			 value will not exceed 100% of the whole person.
(2) If the impairment results from injury to
			 more than one extremity, area, or system, the whole person values for each are
			 combined (not added) to arrive at a final impairment value.
(3) Only permanent impairment is rated for
			 those workers with a date of injury prior to January 1, 2006, and who:
(a) Return to and are working at their
			 regular work on the date of issuance;
(b) The attending physician or authorized
			 nurse practitioner releases to regular work and the work is available, but the
			 worker fails or refuses to return to that job; or
(c) The attending physician or authorized
			 nurse practitioner releases to regular work, but the worker's employment is
			 terminated for cause unrelated to the injury.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0011 - Determining Percent of Impairment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The total impairment rating for a body
			 part cannot be more than 100% of the body part.
(2) When rating disability the movement in a
			 joint is measured in active degrees of motion. Impairment findings describing
			 lost ranges of motion are converted to retained ranges of motion by subtracting
			 the measured loss from the normal of full ranges established in these rules.
(a) Range of motion values for each direction
			 in a single joint are first added, then combined with other impairment
			 findings. [Example not included. See ED. NOTE.]
(b) Range of motion values for multiple
			 joints in a single body part (e.g., of a finger) are determined by finding the
			 range of motion values for each joint (e.g., MCP, PIP, DIP) and combining those
			 values for an overall loss of range of motion value for that body part. This
			 value is then combined with other impairment values.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0012 - Social-Vocational Factors (Age/Education/Adaptability) and the Calculation of Work Disability

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Social-vocational factors.
(a) If
			 a worker is eligible for an award for work disability, the factors of age,
			 education, and adaptability are determined under this rule and used to
			 calculate the worker's social-vocational factor. The social-vocational factor
			 is determined according to the steps described in section (15) of this rule and
			 is used in the calculation of permanent disability benefits.
(b) When the date of injury is prior to Jan.
			 1, 2005, the worker must have ratable unscheduled impairment under OAR
			 436-035-0019 or OAR
			 436-035-0330 through
			 436-035-0450.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0013 - Findings of Impairment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Findings of impairment, generally.
Findings of impairment are
			 objective medical findings that measure the extent to which a worker has
			 suffered permanent loss of use or function of a body part or system.
(2)
Findings of impairment when the
			 worker is medically stationary.
If the worker is medically stationary,
			 findings of impairment are determined by performing the following steps:
(a)
In initial injury claims
.
(A) Identify each body part or system in
			 which use or function is permanently lost as a result of an accepted condition
			 or a direct medical sequela of an accepted condition.
(B) For each body part or system identified
			 in paragraph (A) of this subsection, establish the extent to which use or
			 function of the body part or system is permanently lost; and
(C) Establish the portion of the loss caused
			 by:
(i) Any accepted condition;
(ii) Any direct medical sequela of an
			 accepted condition;
(iii) Any
			 condition that existed before the initial injury incident but does not qualify
			 as a pre-existing condition;
(iv)
			 Any pre-existing condition that is not otherwise compensable;
(v) Any denied condition; and
(vi) Any superimposed condition.
Example: Accepted condition: Low back strain combined
				with pre-existing lumbar degenerative disc disease
Denied condition: major contributing cause denial of the
				combined condition
In the closing examination, the attending physician describes
				range of motion findings and states that 10% of the range of motion loss is due
				to the accepted condition and 90% of the loss is due to lumbar degenerative
				disc disease. The worker is eligible for an impairment award for the 10% of the
				range of motion loss that is due to the low back strain. Under these rules, the
				range of motion loss is valued at 10%. 10% x .10 equals 1% impairment.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0014 - Worsened Pre-existing Conditions and Combined Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Worsened
			 pre-existing conditions.
If a worsened pre-existing condition is
			 compensable under ORS
			 656.225, a worker is eligible
			 for an award for permanent disability caused by the worsened pre-existing
			 condition.
Example: (No apportionment)
Compensable injury (remains major contributing cause):
				Herniated disk L5-S1/diskectomy.
Pre-existing condition: arthritis (spine).
Closing exam ROM = 10% (under these rules).
Surgery (lumbar diskectomy) = 9%.
Combine: 10% and 9% which equals 18% low back impairment due to
				this compensable injury.
The worker is released to regular work. (Social-vocational
				factoring equals zero.)
(2)
Combined conditions.
(a) If a
			 worker has an accepted combined condition, the worker is eligible for an award
			 for permanent disability caused by the combined condition unless there is a
			 subsequent denial of the combined condition.
(b) If a worker has a combined condition
			 denied in its entirety, the worker is not eligible for an award of permanent
			 disability if the permanent disability is not due in any part to the accepted
			 condition(s) and direct medical sequela(e). If the permanent disability is due
			 in part to the accepted condition(s) and direct medical sequela(e), then the
			 worker is not eligible for an award for the portion of the permanent disability
			 due to the denied combined condition.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0015 - Offsetting Prior Awards

Current through Register Vol. 63, No. 7, July 1, 2024
If a worker has a prior award of permanent disability under
				Oregon Workers' Compensation Law, the award is considered in subsequent claims
				under ORS 656.222 and
				656.214.
(1) A prior award can be used to offset an
			 award for a subsequent claim when all the following are true:
(a) The prior claim is closed under Oregon
			 Workers' Compensation Law;
(b) The
			 prior claim has an award of permanent disability;
(c) The disability in the prior claim has not
			 fully dissipated as outlined in section (2) of this rule; and
(d) Both claims have similar disabilities as
			 outlined in sections (3) and (4) of this rule.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0016 - Reopened Claim for Aggravation/Worsening

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Worsened conditions. When an aggravation
			 claim is closed, the extent of permanent disability caused by any worsened
			 condition accepted under the aggravation claim is compared to the extent of
			 disability that existed at the time of the last award or arrangement of
			 compensation.
(2) Conditions not
			 actually worsened. Permanent disability caused by conditions not actually
			 worsened continues to be the same as that established at the last arrangement
			 of compensation.
(3)
			 Redetermination of permanent disability. Except as provided by ORS
			 656.325 and
			 656.268(10),
			 where a redetermination of permanent disability under ORS
			 656.273 results in an award that
			 is less than the total of the worker's prior arrangements of compensation in
			 the claim, the award is not reduced.
Stat. Auth.: ORS
				  656.726 &
				  656.273
Stats. Implemented.: ORS
				  656.005,
				  656.214,
				  656.268 &
				  656.726
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0017 - Authorized Training Program (ATP)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a worker ceases to be enrolled and
			 actively engaged in training under ORS
			 656.268(10) and
			 there is no accepted aggravation in the current open period, one of the
			 following applies:
(a) When the date of injury
			 is prior to January 1, 2005, the worker is entitled to have the amount of
			 unscheduled permanent disability for a compensable condition reevaluated under
			 these rules. The re-evaluation includes impairment, which may increase,
			 decrease, or affirm the worker's permanent disability award; or
(b) When the date of injury is on or after
			 January 1, 2005, the worker's work disability is re-evaluated under these
			 rules. Impairment is not re-evaluated. The re-evaluation of the work disability
			 may increase, decrease, or affirm the worker's permanent disability
			 award.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0018 - Death

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a closing
			 report has been completed. If the worker dies due to causes unrelated to the
			 compensable injury and a closing report has been completed, the worker's
			 permanent disability must be determined based on the closing report.
(2) If a closing report has not been
			 completed. If the worker dies due to causes unrelated to the compensable injury
			 and a closing report has not been completed, findings of impairment and
			 permanent work restrictions must be estimated.
(a) The estimate must qualify as either a
			 statement of no permanent disability under OAR
			 436-030-0020(2)(a)
			 or a closing report under OAR
			 436-030-0020(2)(b).
(b) If the worker was medically
			 stationary at the time of death, the following applies:
(A) Findings of impairment and permanent work
			 restrictions are determined based on an estimate of the permanent disability
			 that existed at the time the worker was medically stationary; and
(B) The worker's residual functional capacity
			 is determined based on an estimate of the worker's ability to perform
			 work-related activities at the time the worker was medically stationary.
(c) If the worker was
			 not medically stationary at the time of death, the following applies:
(A) Findings of impairment and permanent work
			 restrictions are determined based on an estimate of the permanent disability
			 that would have existed at the time the worker would have likely become
			 medically stationary; and
(B) The
			 worker's residual functional capacity is determined based on an estimate of the
			 worker's ability to perform work-related activities at the time the worker
			 would have likely become medically stationary.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0019 - Chronic Condition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purpose of this rule, "significantly limited in the repetitive use" means the
			 worker is unable to repetitively use a body part identified in subsections (a)
			 through (j) of this section for more than two-thirds of a period of time. A
			 worker is entitled to a 5% chronic condition impairment value for each
			 applicable body part, when a preponderance of medical opinion establishes that,
			 due to a chronic and permanent medical condition, the worker is significantly
			 limited in the repetitive use of one or more of the following body parts:
(a) Lower leg (below
			 knee/foot/ankle);
(b) Upper leg
			 (knee and above);
(c) Forearm
			 (below elbow/hand/wrist);
(d) Arm
			 (elbow and above);
(e)
			 Cervical;
(f) Thoracic
			 spine;
(g) Shoulder;
(h) Low back;
(i) Hip; or
(j) Chest.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0020 - Parts of the Upper Extremities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The arm begins with the head of the
			 humerus. It includes the elbow joint.
(2) The forearm begins distal to the elbow
			 joint and includes the wrist (carpal bones).
(3) The hand begins at the joints between the
			 carpals and metacarpals. It extends to the joints between the metacarpals and
			 the phalanges.
(4) The thumb and
			 fingers begin at the joints between the metacarpal bones and the phalanges.
			 They extend to the tips of the thumb and fingers, respectively.
Stat. Auth.: ORS
				  656.726
Stats. Implemented: ORS
				  656.005,
				  656.214,
				  656.268 &
				  656.726
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0030 - Amputations in the Upper Extremitie

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Loss of the arm at or proximal to the
			 elbow joint is 100% loss of the arm.
(2) Loss of the forearm at or proximal to the
			 wrist joint is 100% loss of the forearm.
(3) Loss of the hand at the carpal bones is
			 100% loss of the hand.
(4) Loss of
			 all or part of a metacarpal is rated at 10% of the hand.
(5) Amputation or resection (without
			 reattachment) proximal to the head of the proximal phalanx is 100% loss of the
			 thumb. The ratings for other amputation(s) or resection(s) (without
			 reattachment) of the thumb are as follows
(6) Amputation or resection (without
			 reattachment) proximal to the head of the proximal phalanx is 100% loss of the
			 finger. The ratings for other amputation(s) or resection(s) (without
			 reattachment) of the finger are as follows:
(7) Oblique (angled) amputations are rated at
			 the most proximal loss of bone.
(8)
			 When a value is granted under sections (5) and (6) of this rule which includes
			 a joint, no value for range of motion of this joint is granted in addition to
			 the amputation value.
(9) Loss of
			 length in a digit other than amputation or resection without reattachment
			 (e.g., fractures, loss of soft tissue from infection, amputation or resection
			 with reattachment, etc.) is rated by comparing the remaining overall length of
			 the digit to the applicable amputation chart under these rules and rating the
			 overall length equivalency.
Diagrams referenced are available from the agency.
ED. NOTE: Ratings referenced are not included in rule text.
Click here for PDF
				  copy of rating(s)
.
Stat. Auth.: ORS
				  656.726
Stats. Implemented: ORS
				  656.005,
				  656.214,
				  656.268 &
				  656.726
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0040 - Loss of Opposition in Thumb/Finger Amputations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Loss of opposition is rated as a
			 proportionate loss of use of the digits which can no longer be effectively
			 opposed.
(a) For amputations which are not
			 exactly at the joints, adjust the ratings in steps of 5%, increasing as the
			 amputation gets closer to the attachment to the hand, decreasing to zero as it
			 gets closer to the tip.
(b) When
			 the value for loss of opposition is less than 5%, no value is
			 granted.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0050 - Thumb

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following
			 ratings are for loss of flexion at the interphalangeal joint of the thumb:
			 [Rating not included. See ED. NOTE.]
(2) The following ratings are for loss of
			 extension at the interphalangeal joint of the thumb: [Rating not included. See
			 ED. NOTE.]
(3) The following
			 ratings are for ankylosis of the interphalangeal joint of the thumb: [Rating
			 not included. See ED. NOTE.]
(4)
			 The following ratings are for loss of flexion at the metacarpophalangeal joint
			 of the thumb: [Rating not included. See ED. NOTE.]
(5) The following ratings are for loss of
			 extension at the metacarpophalangeal joint of the thumb: [Rating not included.
			 See ED. NOTE.]
(6) The following
			 ratings are for ankylosis of the metacarpophalangeal joint of the thumb:
			 [Rating not included. See ED. NOTE.]
(7) For losses in the carpometacarpal joint
			 refer to OAR 436-035-0075.
Ratings referenced are not included in rule text.
Click here for PDF copy of
				  rating(s)
.
Stat. Auth.: ORS
				  656.726
Stats. Implemented: ORS
				  656.005,
				  656.214,
				  656.268 &
				  656.726
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0060 - Finger

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following
			 ratings are for loss of flexion at the distal interphalangeal joint of any
			 finger: [Rating not included. See ED. NOTE.]
(2) The following ratings are for loss of
			 extension at the distal interphalangeal joint of any finger: [Rating not
			 included. See ED. NOTE.]
(3) The
			 following ratings are for ankylosis in the distal interphalangeal joint of any
			 finger: [Rating not included. See ED. NOTE.]
(4) The following ratings are for loss of
			 flexion at the proximal interphalangeal joint of any finger: [Rating not
			 included. See ED. NOTE.]
(5) The
			 following ratings are for loss of extension at the proximal interphalangeal
			 joint of any finger: [Rating not included. See ED. NOTE.]
(6) The following ratings are for ankylosis
			 in the proximal interphalangeal joint of any finger: [Rating not included. See
			 ED. NOTE.]
(7) The following
			 ratings are for loss of flexion at the metacarpophalangeal joint of any finger:
			 [Rating not included. See ED. NOTE.]
(8) The following ratings are for loss of
			 extension at the metacarpophalangeal joint of any finger: [Rating not included.
			 See ED. NOTE.]
(9) The following
			 ratings are for ankylosis in the metacarpophalangeal joint of any finger:
			 [Rating not included. See ED. NOTE.]
(10) Rotational, lateral, dorsal, or palmar
			 deformity of a finger shall receive a value of 10% for the
			 finger.
Ratings referenced are not included in rule text.
Click here for PDF copy of
				  rating(s)
.
Stat. Auth.: ORS
				  656.726
Stats. Implemented: ORS
				  656.005,
				  656.214,
				  656.268,
				  656.726
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0070 - Conversion of Thumb/Finger Values to Hand Value

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Loss of use of two or more digits is
			 converted to a value for loss in the hand if the worker will receive more money
			 for the conversion. At least two digits must have impairment other than loss of
			 opposition to qualify for conversion to hand.
(2) When converting impairment values of
			 digits to hand values, the applicable hand impairment is determined by rating
			 the total impairment value in each digit under OAR
			 436-035-0011(2)(b),
			 then converting the digit values to hand values, and then adding the converted
			 values. Digit values between zero and one are rounded to one prior to
			 conversion.
(3) The following table
			 shall be used to convert loss in the thumb to loss in the hand: [Table not
			 included. See ED. NOTE.]
(4) The
			 following table shall be used to convert loss in the index finger to loss in
			 the hand: [Table not included. See ED. NOTE.]
(5) The following table shall be used to
			 convert loss in the middle finger to loss in the hand: [Table not included. See
			 ED. NOTE.]
(6) The following table
			 shall be used to convert loss in the ring finger to loss in the hand: [Table
			 not included. See ED. NOTE.]
(7)
			 The following table shall be used to convert loss in the little finger to loss
			 in the hand: [Table not included. See ED. NOTE.]
Tables referenced are available from the
				  agency.
Stat. Auth.: ORS
				  656.726
Stats. Implemented: ORS
				  656.005,
				  656.214,
				  656.268 &
				  656.726
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0075 - Hand

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to OAR
			 436-035-0020(3),
			 the ratings in this section are hand values. Abduction and adduction of the
			 carpometacarpal joint of the thumb are associated with the ability to extend
			 and flex. This association has been taken into consideration in establishing
			 the percentages of impairment.
(2)
			 The following ratings are for loss of flexion (adduction) of the
			 carpometacarpal joint of the thumb: [Rating not included. See ED.
			 NOTE]
(3) The following ratings are
			 for loss of extension (abduction) of the carpometacarpal joint of the thumb:
			 [Rating not included. See ED. NOTE]
(4) The following ratings are for ankylosis
			 of the carpometacarpal joint in flexion (adduction) of the thumb: [Rating not
			 included. See ED. NOTE]
(5) The
			 following ratings are for ankylosis of the carpometacarpal joint in extension
			 (abduction) of the thumb: [Rating not included. See ED. NOTE]
Ratings referenced are available from the
				  agency.
Stat. Auth.:ORS
				  656.726
Stats. Implemented: ORS
				  656.005,
				  656.214,
				  656.268 &
				  656.726
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0080 - Wrist

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following
			 ratings are for loss of (dorsiflexion) extension at the wrist joint: [Rating
			 not included. See ED. NOTE]
(2) The
			 following ratings are for (dorsiflexion) extension ankylosis in the wrist
			 joint: [Rating not included. See ED. NOTE]
(3) The following ratings are for loss of
			 (palmar) flexion in the wrist joint: [Rating not included. See ED.
			 NOTE]
(4) The following ratings are
			 for (palmar) flexion ankylosis in the wrist joint: [Rating not included. See
			 ED. NOTE]
(5) The following ratings
			 are for loss of radial deviation in the wrist joint: [Rating not included. See
			 ED. NOTE]
(6) The following ratings
			 are for radial deviation ankylosis in the wrist joint: [Rating not included.
			 See ED. NOTE]
(7) The following
			 ratings are for loss of ulnar deviation in the wrist joint: [Rating not
			 included. See ED. NOTE]
(8) The
			 following ratings are for ulnar deviation ankylosis in the wrist joint: [Rating
			 not included. See ED. NOTE]
(9)
			 Injuries which result in a loss of pronation or supination in the wrist joint
			 shall be valued pursuant to OAR
			 436-035-0100(4).
Ratings referenced are available from the
				  agency.
Stat. Auth.: ORS
				  656.726
Stats. Implemented: ORS
				  656.005,
				  656.214,
				  656.268 &
				  656.726
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0090 - Conversion of Hand/Forearm Values to Arm Value

Current through Register Vol. 63, No. 7, July 1, 2024
The following table shall be used to convert a loss in the
				hand/forearm to a loss in the arm: [Table not included. See ED.
				NOTE.]
Tables referenced are available from the
				  agency.
Stat. Auth.:ORS
				  656.726
Stats. Implemented: ORS
				  656.005,
				  656.214,
				  656.268 &
				  656.726
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0100 - Arm

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following
			 ratings are for loss of flexion in the elbow joint (150° describes the arm
			 in full flexion): [Rating not included. See ED. NOTE]
(2) The following ratings are for loss of
			 extension in the elbow joint (0° describes the arm in full extension):
			 [Rating not included. See ED. NOTE]
(3) Ankylosis of the elbow in flexion or
			 extension shall be rated as follows: [Rating not included. See ED.
			 NOTE]
(4) The following ratings are
			 for loss of pronation or supination in the elbow joint. If there are losses in
			 both pronation and supination, rate each separately and add the values: [Rating
			 not included. See ED. NOTE]
(5)
			 Ankylosis of the elbow in pronation or supination will be rated as follows:
			 [Rating not included. See ED. NOTE]
Ratings referenced are available from the
				  agency.
Stat. Auth.:ORS656.726
Stats. Implemented: ORS
				  656.005,
				  656.214,
				  656.268 &
				  656.726
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0110 - Other Upper Extremity Findings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Loss of palmar sensation in the hand,
			 finger(s), or thumb is rated based on the location and quality of the loss, and
			 is measured by the two-point discrimination method.
(a) Sensation is determined by using any
			 instrumentation that allows for measuring the distance between two pin pricks
			 applied at the same time (two-point) and using the following procedure:
(A) With the worker's eyes closed, the
			 examiner touches the tip of the instrument to the digit in the longitudinal
			 axis on the radial or ulnar side.
(B) The worker indicates whether one or two
			 points are felt.
(C) A varied
			 series of one or two points are applied.
(D) Testing is started distally and proceeds
			 proximally to determine the longitudinal level of involvement.
(E) The ends of the testing device are set
			 first at 15 mm apart and the distance is progressively decreased as accurate
			 responses are obtained.
(F) The
			 minimum distance at which the individual can accurately discriminate between
			 one and two point tests in two out of three applications is recorded for each
			 area.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0115 - Conversion of Upper Extremity Values to Whole Person Values

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The tables in
			 this rule are used to convert losses in the upper extremity to a whole person
			 (WP) value for claims with a date of injury on or after January 1,
			 2005.
(2) The following table is
			 used to convert losses in the thumb and fingers to a whole person (WP)
			 value.
(3) The following table is
			 used to convert a loss in a hand/forearm to a whole person (WP)
			 value.
(4) The following table is
			 used to convert a loss in the arm to a whole person (WP) value.
Stat. Auth.: ORS
				  656.726
Stats. Implemented: ORS
				  656
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0130 - Parts of the Lower Extremities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The leg begins with the femoral head and
			 includes the knee joint.
(2) The
			 foot begins just distal to the knee joint and extends just proximal to the
			 metatarsophalangeal joints of the toes.
(3) The toes begin at the metatarsophalangeal
			 joints. Disabilities in the toes are not converted to foot values, regardless
			 of the number of toes involved, unless the foot is also impaired.
Stat. Auth.: ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.005,
				  656.214,
				  656.268 &
				  656.726
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0140 - Amputations in the Lower Extremities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Amputation at or above the knee joint (up
			 to and including the femoral head) is rated at 100% loss of the leg.
(2) Amputation of the foot:
(a) At or above the tibio-talar joint but
			 below the knee joint is rated at 100% loss of the foot.
(b) At the tarsometatarsal joints is rated at
			 75% loss of the foot.
(c) At the
			 mid-metatarsal area is rated at 50% of the foot.
(d) Loss of all or part of a metatarsal is
			 rated at 10% of the foot.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 35 - DISABILITY RATING STANDARDS › Section 436-035-0150 - Great Toe

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following
			 ratings are for loss of plantarflexion in the interphalangeal joint of the
			 great toe: [Rating not included. See ED. NOTE]
(2) The following ratings are for
			 plantarflexion ankylosis of the interphalangeal joint of the great toe: [Rating
			 not included. See ED. NOTE]
(3) The
			 following ratings are for loss of dorsiflexion (extension) in the
			 metatarsophalangeal joint of the great toe: [Rating not included. See ED.
			 NOTE]
(4) The following ratings are
			 for dorsiflexion (extension) ankylosis of the metatarsophalangeal joint of the
			 great toe: [Rating not included. See ED. NOTE]
(5) The following ratings are for loss of
			 plantarflexion in the metatarsophalangeal joint of the great toe: [Rating not
			 included. See ED. NOTE]
(6) The
			 following ratings are for plantar flexion ankylosis of the metatarsophalangeal
			 joint of the great toe: [Rating not included. See ED. NOTE]
Ratings referenced are available from the
				  agency.
Stat. Auth.: ORS
				  656.726
Stats. Implemented: ORS
				  656.005,
				  656.214,
				  656.268 & ORS
				  656.726