2017 ORS 656.218¹
Continuance of permanent partial disability payments to survivors
  • effect of death prior to final claim disposition

(1) In case of the death of a worker entitled to compensation, whether eligibility therefor or the amount thereof has been determined, payments shall be made for the period during which the worker, if surviving, would have been entitled thereto.

(2) If the worker’s death occurs prior to issuance of a notice of closure under ORS 656.268 (Claim closure), the insurer or the self-insured employer shall determine compensation for permanent partial disability, if any.

(3) If the worker has filed a request for hearing pursuant to ORS 656.283 (Hearing rights and procedure) or a request for reconsideration pursuant to ORS 656.268 (Claim closure) and death occurs prior to the final disposition of the request, the persons described in subsection (5) of this section shall be entitled to pursue the matter to final determination of all issues presented by the request.

(4) If the worker dies before filing a request for hearing or a request for reconsideration, the persons described in subsection (5) of this section shall be entitled to file a request for hearing or a request for reconsideration and to pursue the matter to final determination as to all issues presented by the request.

(5) The payments provided in this section shall be made to the persons who would have been entitled to receive death benefits if the injury causing the disability had been fatal. In the absence of persons so entitled, the unpaid balance of the award shall be paid to the worker’s estate.

(6) This section does not entitle any person to double payments on account of the death of a worker and a continuation of payments for permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal. [Amended by 1959 c.450 §3; 1973 c.355 §1; 1975 c.497 §3; 1981 c.854 §11; 1987 c.884 §16; 1999 c.313 §4; 2009 c.171 §2; 2015 c.144 §2]

Notes of Decisions

Claimant’s noncompensable su­i­cide does not bar recovery for compensable injuries sustained prior to su­i­cide. Ahn v. Frito-Lay, Inc., 91 Or App 443, 756 P2d 40 (1988), Sup Ct review denied

Where claimant was unmarried and had no dependents or mi­nor children at time of death, per­sonal representative does not have standing to pursue claim for unpaid temporary total disability benefits that accrued before claimant’s death. Trice v. Tektronix, Inc., 104 Or App 461, 801 P2d 896 (1991)

Authority of beneficiaries to request hearing includes authority to perform acts prerequisite to making request. Edwards v. Cherry City Electric, Inc., 141 Or App 578, 919 P2d 501 (1996)

Pay­ment of burial allowance is discre­tionary with insurer or self-insured employer. Edwards v. Cherry City Electric, Inc., 141 Or App 578, 919 P2d 501 (1996)

Where worker dies of unrelated causes prior to becoming medically sta­tionary, both calcula­tion and pay­ment of benefits must be made to beneficiaries as if worker had survived. Shaw v. Steinfelds Products, Inc., 160 Or App 77, 980 P2d 169 (1999), Sup Ct review denied

“Final disposi­tion” of hearing request occurs when final order has been entered and is no longer subject to review by Workers’ Compensa­tion Board or courts. SAIF v. Balcom, 162 Or App 325, 986 P2d 104 (1999), Sup Ct review denied

Where claimant in worker’s compensa­tion case died before final judg­ment of case was awarded funeral benefits upon death but had no surviving statutory beneficiaries, claimant’s estate is entitled to awarded benefits. Sather v. SAIF, 262 Or App 597, 325 P3d 819 (2014), aff’d 357 Or 122, 347 P3d 326 (2015)

Where claimant in worker’s compensa­tion case died while claimant’s peti­tion for judicial review of case was pending, claimant’s estate is entitled to pursue claimant’s peti­tion. Sather v. SAIF, 357 Or 122, 347 P3d 326 (2015)

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.