2017 ORS 656.222¹
Compensation for additional accident

Should a further accident occur to a worker who is receiving compensation for a temporary disability, or who has been paid or awarded compensation for a permanent disability, the award of compensation for such further accident shall be made with regard to the combined effect of the injuries of the worker and past receipt of money for such disabilities.

Notes of Decisions

In General

Past receipt of money for earlier disabilities refers only to pre­vi­ous compensa­tion paid under Oregon workers’ compensa­tion system. American Building Maintenance v. McLees, 296 Or 772, 679 P2d 1361 (1984)

Only pre­vi­ous pay­ments for same condi­tion are to be considered in adjusting award. Norby v. SAIF, 303 Or 536, 738 P2d 974 (1987)

Where claimant had pre­vi­ously been awarded permanent unscheduled disability to same body part but es­tab­lished that injuries lacked any combined effect, no offset was applicable. City of Portland v. Duckett, 104 Or App 318, 801 P2d 847 (1990), Sup Ct review denied

Require­ment that offset be made if award has pre­vi­ously been given does not impliedly prohibit award reduc­tion for effect of pre-employ­ment disability. Nomeland v. City of Portland, 106 Or App 77, 806 P2d 175 (1991)

Whether injury is scheduled or unscheduled does not affect ap­pli­ca­bil­i­ty of offset. Offill v. Greenberry Tank and Iron Company, 142 Or App 351, 921 P2d 1342 (1996)

Computa­tion of Compensa­tion

Strict arithmetic offset for amount of pre­vi­ous award is not re­quired since condi­tion at time of award and condi­tion immediately prior to injury are not al­ways identical. Cascade Steel Rolling Mills v. Madril, 57 Or App 398, 644 P2d 655 (1982)

Offset for “past receipt of money” on de­gree-by-de­gree basis rather than for actual award amount is allowable. Thomas v. Professional Reforesta­tion of Oregon, 119 Or App 325, 850 P2d 1143 (1993)

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.