2017 ORS 656.202¹
Compensation payable to subject worker in accordance with law in effect at time of injury
  • exceptions
  • notice regarding payment

(1) If any subject worker sustains a compensable injury, the worker or the beneficiaries of the worker, if the injury results in death, shall receive compensation as provided in this chapter, regardless of whether the worker was employed by a complying or noncomplying employer.

(2) Except as otherwise provided by law, payment of benefits for injuries or deaths under this chapter shall be continued as authorized, and in the amounts provided for, by the law in force at the time the injury giving rise to the right to compensation occurred.

(3) When compensation is paid to a claimant or other payment is made to the provider of service pursuant to this chapter, the insurer or self-insured employer shall notify the payment recipient in writing of the specific purpose of the payment. When applicable, the notice shall indicate the time period for which the payment is made and the reimbursable expenses or other bills and charges covered. If any portion of the claim is denied, the notice shall identify that portion of the claimed amounts that is not being paid.

(4) Notwithstanding subsections (1) to (3) of this section, the amendments to ORS 656.325 (Required medical examination) by section 4, chapter 723, Oregon Laws 1981, and ORS 656.335 (1993 Edition) apply to all workers regardless of the date of injury.

(5) This section does not apply to vocational assistance benefits.

(6) Notwithstanding subsection (2) of this section, the increase in benefits to the surviving spouse of an injured worker made by the amendment to ORS 656.204 (Death) (2)(c) (1993 Edition) by section 1, chapter 108, Oregon Laws 1985, applies to a surviving spouse who remarries after September 20, 1985, regardless of the date of injury or death of the worker.

(7) Notwithstanding subsection (2) of this section, the increase in benefits to the surviving spouse of an injured worker made by the amendments to ORS 656.204 (Death) (3)(a) and (b) (1997 Edition) by section 2, chapter 927, Oregon Laws 1999, applies to a surviving spouse who remarries on or after October 23, 1999, regardless of the date of injury or death of the worker. [Amended by 1953 c.669 §4; 1953 c.670 §4; 1957 c.718 §3; 1959 c.450 §1; 1965 c.285 §21; 1977 c.430 §6; 1981 c.770 §1; subsection (4) enacted as 1981 c.723 §8; 1985 c.108 §3; 1985 c.600 §6; 1985 c.706 §6; 1985 c.770 §6; 1995 c.332 §12; 1999 c.927 §1]

Note: Section 54, chapter 2, Oregon Laws 1990, provides:

Sec. 54. (1) Except for amendments to ORS 656.027 (Who are subject workers), 656.211 (“Average weekly wage” defined), 656.214 (Permanent partial disability) (2) and 656.790 (Workers’ Compensation Management-Labor Advisory Committee), this 1990 Act becomes operative July 1, 1990, and notwithstanding ORS 656.202 (Compensation payable to subject worker in accordance with law in effect at time of injury), this 1990 Act applies to all claims existing or arising on and after July 1, 1990, regardless of date of injury, except as specifically provided in this section.

(2) Any matter regarding a claim which is in litigation before the Hearings Division, the board, the Court of Appeals or the Supreme Court under this chapter, and regarding which matter a request for hearing was filed before May 1, 1990, and a hearing was convened before July 1, 1990, shall be determined pursuant to the law in effect before July 1, 1990.

(3) Amendments by this 1990 Act to ORS 656.214 (Permanent partial disability) (5), the amendments to ORS 656.268 (Claim closure) (4), (5), (6), (7) and (8), ORS 656.283 (Hearing rights and procedure) (7), 656.295 (Board review of Administrative Law Judge orders), 656.319 (Time within which hearing must be requested), 656.325 (Required medical examination), 656.382 (Penalties and attorney fees payable by insurer or employer in processing claim) and 656.726 (Duties and powers to carry out workers’ compensation and occupational safety laws) shall apply to all claims which become medically stationary after July 1, 1990. [1990 c.2 §54]

Note: Section 66, chapter 332, Oregon Laws 1995, provides:

Sec. 66. (1) Notwithstanding any other provision of law, chapter 332, Oregon Laws 1995, applies to all claims or causes of action existing or arising on or after June 7, 1995, regardless of the date of injury or the date a claim is presented, and chapter 332, Oregon Laws 1995, is intended to be fully retroactive unless a specific exception is stated in chapter 332, Oregon Laws 1995.

(2) The amendments to ORS 656.204 (Death) and 656.265 (Notice of accident from worker) by sections 13 and 29, chapter 332, Oregon Laws 1995, and the amendments to ORS 656.210 (Temporary total disability) (2)(a) by section 15, chapter 332, Oregon Laws 1995, apply only to injuries occurring on or after June 7, 1995.

(3) Sections 8 and 9, chapter 332, Oregon Laws 1995, and the amendments to ORS 656.054 (Claim of injured worker of noncomplying employer), 656.248 (Medical service fee schedules) and 656.622 (Reemployment Assistance Program) by sections 7, 26 and 49, chapter 332, Oregon Laws 1995, become operative January 1, 1996.

(4) The amendments to ORS 656.268 (Claim closure) (4), (5), (6) and (9), 656.319 (Time within which hearing must be requested) (4) and 656.726 (Duties and powers to carry out workers’ compensation and occupational safety laws) (3)(f) by sections 30, 39 and 55, chapter 332, Oregon Laws 1995, shall apply only to claims that become medically stationary on or after June 7, 1995.

(5)(a) The amendments to statutes by chapter 332, Oregon Laws 1995, and new sections added to ORS chapter 656 by chapter 332, Oregon Laws 1995, do not apply to any matter for which an order or decision has become final on or before June 7, 1995.

(b) Notwithstanding paragraph (a) of this subsection, the amendments to ORS 656.262 (Processing of claims and payment of compensation) (6) creating new paragraph (c) and the amendments to the subsection designated (10) by section 28, chapter 332, Oregon Laws 1995, apply to all claims without regard to any previous order or closure.

(6) The amendments to statutes by chapter 332, Oregon Laws 1995, and new sections added to ORS chapter 656 by chapter 332, Oregon Laws 1995, do not extend or shorten the procedural time limitations with regard to any action on a claim taken prior to June 7, 1995.

(7) The amendments to ORS 656.506 (Assessments for programs) by section 63, chapter 332, Oregon Laws 1995, first become operative October 1, 1995. [1995 c.332 §66; 1999 c.6 §2]

Note: Section 2, chapter 605, Oregon Laws 1997, provides:

Sec. 2. Notwithstanding any other provision of law to the contrary, the amendments to ORS 656.262 (Processing of claims and payment of compensation) by section 1 of this Act apply to all claims or causes of action existing or arising on or after the effective date of this Act [July 25, 1997], regardless of the date of injury or the date a claim is presented, and this Act is intended to be fully retroactive. [1997 c.605 §2]

Note: Section 6, chapter 639, Oregon Laws 1997, provides:

Sec. 6. Notwithstanding any other provision of law, the amendments to ORS 656.593 (Procedure when worker or beneficiary elects to bring action) by section 4 of this Act apply to all claims or causes of action existing on or arising on or after the effective date of this Act [July 25, 1997], regardless of the date of injury or the date a claim is presented, and the amendments to ORS 656.593 (Procedure when worker or beneficiary elects to bring action) by section 4 of this Act are intended to be fully retroactive. [1997 c.639 §6]

Note: Section 22, chapter 865, Oregon Laws 2001, provides:

Sec. 22. (1) Section 14 of this 2001 Act [656.247 (Payment for medical services prior to claim acceptance or denial)] and the amendments to ORS 656.005 (Definitions), 656.210 (Temporary total disability), 656.262 (Processing of claims and payment of compensation), 656.266 (Burden of proving compensability and nature and extent of disability), 656.308 (Responsibility for payment of claims), 656.313 (Stay of compensation pending request for hearing or review), 656.325 (Required medical examination) (5), 656.386 (Recovery of attorney fees, expenses and costs in appeal on denied claim), 656.605 (Workers’ Benefit Fund) and 656.804 (Occupational disease as an injury under Workers’ Compensation Law) by sections 1, 2, 3, 4, 5, 7, 8, 9, 13 and 13a of this 2001 Act apply to all claims with a date of injury on or after January 1, 2002.

(2) Section 10 of this 2001 Act [656.267 (Claims for new and omitted medical conditions)] and the amendments to ORS 656.278 (Board has continuing authority to alter earlier action on claim) and 656.625 (Reopened Claims Program) by sections 11 and 11a of this 2001 Act apply to all claims regardless of date of injury.

(3) The amendments to ORS 656.268 (Claim closure) (6) by section 12 of this 2001 Act apply to any claim with a date of closure on or after January 1, 2002.

(4) The amendments to ORS 656.325 (Required medical examination) (1) by section 13 of this 2001 Act apply to any claim with a date of denial on or after January 1, 2002. [2001 c.865 §22]

Note: Section 2, chapter 429, Oregon Laws 2003, provides:

Sec. 2. The amendments to ORS 656.268 (Claim closure) by section 1 of this 2003 Act apply to all claims first closed on or after the effective date of this 2003 Act [January 1, 2004]. [2003 c.429 §2]

Note: Sections 13 and 15, chapter 657, Oregon Laws 2003, provide:

Sec. 13. The amendments to ORS 656.206 (Permanent total disability), 656.214 (Permanent partial disability), 656.268 (Claim closure), 656.307 (Determination of issues regarding responsibility for compensation payment), 656.325 (Required medical examination) and 656.726 (Duties and powers to carry out workers’ compensation and occupational safety laws) by sections 1, 3, 5, 7, 9 and 11 of this 2003 Act apply to injuries occurring on or after January 1, 2005. [2003 c.657 §13]

Sec. 15. The amendments to ORS 656.206 (Permanent total disability), 656.214 (Permanent partial disability), 656.268 (Claim closure), 656.307 (Determination of issues regarding responsibility for compensation payment), 656.325 (Required medical examination) and 656.726 (Duties and powers to carry out workers’ compensation and occupational safety laws) by sections 2, 4, 6, 8, 10 and 12 of this 2003 Act apply to injuries occurring on or after January 1, 2008. [2003 c.657 §15]

Note: Section 3, chapter 756, Oregon Laws 2003, provides:

Sec. 3. The amendments to ORS 656.262 (Processing of claims and payment of compensation) and 656.385 (Attorney fees in cases regarding certain medical service or vocational rehabilitation matters) by sections 1 and 2 of this 2003 Act apply to all claims for which an order relating to the issue on which attorney fees are sought has not become final on or before the effective date of this 2003 Act [January 1, 2004], regardless of the date of injury. [2003 c.756 §3]

Note: Section 4, chapter 188, Oregon Laws 2005, provides:

Sec. 4. (1) The amendments to ORS 656.267 (Claims for new and omitted medical conditions), 656.278 (Board has continuing authority to alter earlier action on claim) and 656.298 (Judicial review of board orders) by sections 1, 2 and 3 of this 2005 Act apply to all claims existing or arising on or after the effective date of this 2005 Act [January 1, 2006].

(2) Notwithstanding subsection (1) of this section, the amendments to ORS 656.267 (Claims for new and omitted medical conditions), 656.278 (Board has continuing authority to alter earlier action on claim) and 656.298 (Judicial review of board orders) by sections 1, 2 and 3 of this 2005 Act do not apply to any matter for which an order has become final prior to the effective date of this 2005 Act. [2005 c.188 §4]

Note: Section 5, chapter 221, Oregon Laws 2005, provides:

Sec. 5. The amendments to ORS 656.268 (Claim closure) by sections 1 and 2 of this 2005 Act apply to notices of closure issued on or after January 1, 2006. [2005 c.221 §5]

Note: Section 7, chapter 461, Oregon Laws 2005, provides:

Sec. 7. The amendments to ORS 656.206 (Permanent total disability), 656.268 (Claim closure), 656.319 (Time within which hearing must be requested) and 656.605 (Workers’ Benefit Fund) by sections 1 to 6 of this 2005 Act apply to all claims for which a notice of closure is issued under ORS 656.206 (Permanent total disability) or 656.268 (Claim closure) on or after the effective date of this 2005 Act [January 1, 2006]. [2005 c.461 §7]

Note: Section 2, chapter 624, Oregon Laws 2005, provides:

Sec. 2. The amendments to ORS 656.283 (Hearing rights and procedure) by section 1 of this 2005 Act apply to requests for hearing made on or after the effective date of this 2005 Act [January 1, 2006]. [2005 c.624 §2]

Note: Section 5, chapter 653, Oregon Laws 2005, provides:

Sec. 5. The amendments to ORS 656.214 (Permanent partial disability) and 656.726 (Duties and powers to carry out workers’ compensation and occupational safety laws) by sections 1 and 3 of this 2005 Act apply to injuries occurring on or after January 1, 2006. [2005 c.653 §5]

Note: Section 8, chapter 675, Oregon Laws 2005, provides:

Sec. 8. The amendments to ORS 656.325 (Required medical examination) and 656.780 (Certification and training of claims examiners) by sections 1, 2 and 3 of this 2005 Act apply to all claims in which an independent medical examination required under ORS 656.325 (Required medical examination) is scheduled on or after the effective date of this 2005 Act [January 1, 2006]. [2005 c.675 §8]

Note: Section 3, chapter 17, Oregon Laws 2007, provides:

Sec. 3. (1) The amendments to ORS 656.298 (Judicial review of board orders) (3) and (5) by section 1 of this 2007 Act apply to petitions for judicial review filed on or after the effective date of this 2007 Act [January 1, 2008].

(2) The provisions of ORS 656.298 (Judicial review of board orders) (9) apply to petitions for judicial review pending with the appellate court on the effective date of this 2007 Act and to petitions for judicial review filed on or after the effective date of this 2007 Act. [2007 c.17 §3]

Note: Section 2, chapter 908, Oregon Laws 2007, provides:

Sec. 2. The amendments to ORS 656.386 (Recovery of attorney fees, expenses and costs in appeal on denied claim) by section 1 of this 2007 Act apply to workers’ compensation claims in which the order on the compensability of the claim denial has not become final on or before the effective date of this 2007 Act [January 1, 2008]. [2007 c.908 §2]

Note: Section 4, chapter 908, Oregon Laws 2007, provides:

Sec. 4. The amendments to ORS 656.388 (Approval of attorney fees required) by section 3 of this 2007 Act apply to all claims in which an order that grants attorney fees is issued after the effective date of this 2007 Act [January 1, 2008], regardless of the date of injury. [2007 c.908 §4]

Note: Section 6, chapter 526, Oregon Laws 2009, provides:

Sec. 6. Regardless of the date of injury, the amendments to ORS 656.262 (Processing of claims and payment of compensation), 656.308 (Responsibility for payment of claims), 656.382 (Penalties and attorney fees payable by insurer or employer in processing claim), 656.385 (Attorney fees in cases regarding certain medical service or vocational rehabilitation matters) and 656.386 (Recovery of attorney fees, expenses and costs in appeal on denied claim) by sections 1 to 5 of this 2009 Act apply to all claims for which an order is issued on or after the effective date of this 2009 Act [January 1, 2010]. [2009 c.526 §6]

Note: Section 2, chapter 80, Oregon Laws 2011, provides:

Sec. 2. The amendments to ORS 656.313 (Stay of compensation pending request for hearing or review) by section 1 of this 2011 Act apply to settlements of workers’ compensation claims entered into on or after the effective date of this 2011 Act [January 1, 2012]. [2011 c.80 §2]

Note: Section 5, chapter 99, Oregon Laws 2011, provides:

Sec. 5. The amendments to ORS 656.206 (Permanent total disability), 656.247 (Payment for medical services prior to claim acceptance or denial), 656.268 (Claim closure) and 656.325 (Required medical examination) by sections 1 to 4 of this 2011 Act apply to requests for reconsideration made on or after the effective date of this 2011 Act [January 1, 2012]. [2011 c.99 §5]

Note: Section 2, chapter 103, Oregon Laws 2013, provides:

Sec. 2. The amendments to ORS 656.340 (Vocational assistance procedure) by section 1 of this 2013 Act apply to all claims by workers who are eligible for or actively engaged in vocational training on or after the effective date of this 2013 Act [January 1, 2014]. [2013 c.103 §2]

Note: Section 2, chapter 488, Oregon Laws 2013, provides:

Sec. 2. The amendments to ORS 656.018 (Effect of providing coverage) by section 1 of this 2013 Act apply to all claims or causes of action arising on or after the effective date of this 2013 Act [June 24, 2013]. [2013 c.488 §2]

Notes of Decisions

Survivor’s rights to continuance of disability pay­ments after death of worker are governed by law in effect at date of injury. Bradley v. SAIF, 38 Or App 559, 590 P2d 784 (1979)

Law in force at time of injury governs determina­tion of right to compensa­tion, but evalua­tion of injury can be determined under law in force at time of hearing. Futrell v. United Air­lines, 59 Or App 571, 651 P2d 1353 (1982)

Sec­tion applies only to claimant’s substantive rights to compensa­tion and not to procedural require­ments for filing claim or period within which claimant must file. Argonaut Insurance Companies v. Eder, 72 Or App 54, 695 P2d 72 (1985)

Worker cannot claim benefits for spouse and children acquired after worker has sustained compensable injury. Jackson v. Bogart Construc­tion, 110 Or App 10, 821 P2d 420 (1991), Sup Ct review denied

1990 amend­ment to ORS 656.214 (Permanent partial disability), which sets rate of pay­ment for permanent partial disability, is subject to date of injury pro­vi­sion. SAIF v. Herron, 114 Or App 64, 836 P2d 131 (1992), Sup Ct review denied

Time of injury for occupa­tional disease is date of disability from disease or date of first medical treat­ment of disease. Reynoldson v. Multnomah County, 189 Or App 327, 75 P3d 477 (2003), Sup Ct review denied

State does not have contractual obliga­tion to calculate disability pay­ment using compensa­tion rate in effect on date of last exposure. Weyerhaeuser Company v. Ellison, 208 Or App 612, 145 P3d 309 (2006), Sup Ct review denied

Completed Cita­tions

Blisserd v. SAIF, 6 Or App 111, 486 P2d 1312 (1971)

Law Review Cita­tions

10 EL 159 (1979)

Law Review Cita­tions

55 OLR 432-445 (1976); 16 WLR 519 (1979); 22 WLR 559 (1986)

Chapter 656

Notes of Decisions

Party having af­firm­a­tive of any issue must prove it by preponderance of evidence unless legislature fixes some different quantum of proof. Hutcheson v. Weyerhaeuser Co., 288 Or 51, 602 P2d 268 (1979)

Amend­ments to existing statutes and enact­ment of addi­tional statutes by 1995 legisla­tion generally apply to pending cases and to orders still ap­pealable on June 7, 1995, effective date. Volk v. America West Air­lines, 135 Or App 565, 899 P2d 746 (1995), Sup Ct review denied

Amend­ments to existing statutes and enact­ment of addi­tional statutes by 1995 legisla­tion do not extend or shorten procedural time limita­tions with regard to ac­tions taken prior to June 7, 1995, effective date. Motel 6 v. McMasters, 135 Or App 583, 899 P2d 1212 (1995)

Atty. Gen. Opinions

Benefit unavailability for inmates engaged in prison work programs, (1996) Vol 48, p 134

Law Review Cita­tions

24 WLR 321, 341 (1988); 32 WLR 217 (1996)

1 Legislative Counsel Committee, CHAPTER 656—Workers’ Compensation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors656.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 656, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano656.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.