Temporary total disability
- payment during medical treatment
- election
- rules
Source:
Section 656.210 — Temporary total disability; payment during medical treatment; election; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors656.html.
Notes of Decisions
When both injuries were subject to pending claims and each of the two in itself created a condition of temporary total disability, the board correctly chose to order a proration between insurance carriers. Jackson v. SAIF, 7 Or App 109, 490 P2d 507 (1971)
No setoff is allowed for installments paid on award for permanent partial disability when later order requires payment of compensation for temporary total disability following aggravation claim. Taylor v. SAIF, 40 Or App 437, 595 P2d 515 (1979), Sup Ct review denied
Claimant was not entitled to receive temporary total disability compensation for period during which noncomplying employer paid her amounts equal to her wages. Candee v. SAIF, 40 Or App 567, 595 P2d 1381 (1979), Sup Ct review denied
Claimant who retired prior to date on which claimed time loss occurred is not entitled to temporary total disability payments. Stiennon v. SAIF, 68 Or App 735, 683 P2d 556 (1984), Sup Ct review denied
“Total disability” means loss, including pre-existing disability, of use or function of any scheduled or unscheduled portion of body that prevents working at suitable and gainful occupation. Cutright v. Weyerhaeuser, 299 Or 290, 702 P2d 403 (1985)
Person can be “regularly employed” even if person does not work regular hours for hourly wage. Saiville v. EBI Companies, 81 Or App 469, 726 P2d 394 (1986), Sup Ct review denied
Wages received by employee do not include value of fringe benefits unless employee has right of direct access to benefit. Nelson v. SAIF, 302 Or 463, 731 P2d 429 (1987)
Where worker who has received compensation for permanent partial disability becomes totally disabled for more than 14 consecutive days or becomes inpatient at hospital for treatment of that condition as result of worsening of worker’s condition from original injury, worker is at least entitled to compensation for temporary total disability. Gwynn v. SAIF, 304 Or 345, 745 P2d 775 (1987)
Claimant, unavailable for work because of reasonable and necessary treatment for compensable injury at pain center, was physically unable to work and entitled to temporary total disability. Weyerhaeuser Co. v. Surprise, 89 Or App 296, 748 P2d 1024 (1988)
Employer may not unilaterally terminate temporary total disability benefits because employee is incarcerated. Northrup King & Co. v. Fisher, 91 Or App 602, 757 P2d 855 (1988), Sup Ct review denied
Number of days per week worker is “regularly employed” is not affected by short-term fluctuations. Overbey v. Kaiser Health Plan, 93 Or App 175, 761 P2d 547 (1988), Sup Ct review denied
Claimant can be both regularly employed and employee “whose remuneration is not based solely upon daily or weekly wages.” Lowry v. Du Log, Inc., 99 Or App 459, 782 P2d 454 (1989), Sup Ct review denied
Claimant is part of work force if: 1) engaged in regular, gainful employment; 2) willing to work and making reasonable effort to obtain employment; or 3) willing to work, but not making an effort to obtain employment due to futility. Dawkins v. Pacific Motor Trucking, 308 Or 254, 778 P2d 497 (1989)
Claimant must miss continuous period of 14 days without interruption from first day of being off work in order to receive total disability for first three days. Tennant v. Lyman Slack Chevrolet, 102 Or App 470, 794 P2d 1248 (1990), Sup Ct review denied
Three-day waiting period of this section applies only to original injury claims and not to aggravation claims. Liberty Northwest Ins. Corp. v. Short, 102 Or App 495, 795 P2d 118 (1990)
Where worker is disabled more than three calendar days, but less than full work week, benefit payable is based on missed work days, not calendar days of disability. Bostick v. Ron Rust Drywall, 138 Or App 552, 909 P2d 904 (1996)
Claimant enrolled in worker retraining program and receiving wage replacement is in work force for purposes of determining eligibility for temporary disability benefits. Linnton Plywood Assn. v. Hansen, 151 Or App 616, 949 P2d 743 (1997)
Worker who is permanently totally disabled cannot also be temporarily totally disabled. SAIF v. Grover, 152 Or App 476, 954 P2d 820 (1998)
Presence of injury that renders attempt to work futile does not establish requirement that claimant is willing to work. SAIF v. Blakely, 160 Or App 242, 981 P2d 347 (1999)
Where no contractual agreement was in effect at time of injury, and subsequent contractual agreement applied wage rate retroactively to encompass time of injury, wage under contractual agreement is correct basis for temporary total disability benefits. United Airlines v. Anderson, 207 Or App 493, 142 P3d 508 (2006)
When calculating the claimant’s total temporary disability benefits based on claimant’s wages, calculation must exclude expenses incurred due to employment if claimant is reimbursed for expenses by employer. SAIF Corp. v. Sparks, 258 Or App 227, 309 P3d 174 (2013)
Where claimant was injured at work and claimant’s employer was aware that claimant had other employers, employer’s knowledge of claimant’s secondary employment cannot be imputed to employer’s insurer to replace claimant giving actual notice of claimant’s secondary employment to insurer and claimant was not entitled to supplemental disability payments based on claimant’s secondary employment. Department of Consumer and Business Services v. Muliro, 267 Or App 526, 341 P3d 131 (2014), aff’d 359 Or 736, 380 P3d 270 (2016)
When read with ORS 656.005 and 656.054, where claimant, who was unpaid intern, earned commission from noncompliant employer and was injured at work before earning first commission payment, workers’ compensation benefits must be calculated on “assumed wage” on which employer’s premium is based; because claimant did not have assumed wage, benefits may not be less than benefits would be if employer were compliant employer. Rehfeld v. Sedgwick Claims Management Services, 283 Or App 288, 388 P3d 403 (2017), Sup Ct review denied
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