Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 160 - ADMINISTRATION AND BENEFITS OF THE INMATE INJURY SYSTEM › Section 125-160-0110 - Benefit Limits During Permanent Disability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of initial estimates and
			 final awards, the Department shall calculate and limit benefits for permanent
			 disability as described in this rule:
(2) While still in confinement, all permanent
			 disability and training benefits shall be limited to training provided by
			 Corrections. The need for, and type of, any training shall be decided solely by
			 Corrections. All medical services benefits are permanently terminated.
(3) Upon release all permanent
			 disability benefits shall be limited to the permanent disability payments and
			 prosthetics awards approved under these rules. All medical services benefits
			 except preparation of reports for final award or appeals are permanently
			 terminated. No training benefit shall be provided after release except that the
			 Department, solely upon the request and advice of Corrections, may extend a
			 program commenced in confinement.
(4) Upon release with permanent disability,
			 any prosthetics award may be paid in advance. It may be reserved to pay when
			 actual need is proven. It may be converted to a periodic payment and paid as
			 part of the permanent disability award. Department shall select the payment
			 method it deems reasonable in its final award.
(5) Upon release with permanent disability,
			 the permanent disability award shall be payable for limited periods. The
			 periods start when release and medically stationary dates are both attained.
			 Although no payment shall be made, time spent in later confinement shall count
			 against the period in which benefits would be payable. Disability ratings and
			 periods shall be as follows:
(a) For a rating
			 of 10 percent or less, the permanent disability award shall be zero.
(b) For a rating of more than 10 percent
			 through 20 percent, the permanent disability award shall be payable for a
			 period of 24 months or until the claimant attains an age when other benefit
			 eligibility occurs, whichever occurs first.
(c) For a rating of more than 20 percent
			 through 30 percent, the permanent disability award shall be payable for a
			 period of 48 months or until the claimant attains an age when other benefit
			 eligibility occurs, whichever occurs first.
(d) For a rating of more than 30 percent
			 through 40 percent, the permanent disability award shall be payable for a
			 period of 96 months or until the claimant attains an age when other benefit
			 eligibility occurs, whichever occurs first.
(e) For a rating of more than 40 percent
			 through 50 percent, the permanent disability award shall be payable for a
			 period of 132 months or until the claimant attains an age when other benefit
			 eligibility occurs, whichever occurs first.
(f) For a rating more than 50 percent through
			 60 percent, the permanent disability award shall be payable for a period of 180
			 months or until the claimant attains an age when other benefit eligibility
			 occurs, whichever occurs first.
(g) For a rating of more than 60 percent
			 through 70 percent, the permanent disability award shall be payable for a
			 period of 240 months or until the claimant attains an age when other benefit
			 eligibility occurs, whichever occurs first.
(h) For a rating of more than 70 percent
			 through 80 percent, the permanent disability award shall be payable for a
			 period of 300 months or until the claimant attains an age when other benefit
			 eligibility occurs, whichever occurs first.
(i) For a rating of more than 80 percent
			 through 90 percent, the permanent disability award shall be payable for a
			 period of 360 months or until the claimant attains an age when other benefit
			 eligibility occurs, whichever occurs first.
(j) For a rating of more than 90 percent
			 through 100 percent, the permanent disability award shall be payable until the
			 claimant attains an age when other benefit eligibility occurs.