2017 ORS 656.605¹
Workers’ Benefit Fund
  • uses and limitations

(1) The Workers’ Benefit Fund is created in the State Treasury, separate and distinct from the General Fund. Moneys in the fund shall be invested in the same manner as other state moneys and investment earnings shall be credited to the fund. The fund shall consist of the following:

(a) Moneys received pursuant to ORS 656.506 (Assessments for programs).

(b) Moneys recovered under ORS 656.054 (Claim of injured worker of noncomplying employer).

(c) Penalties recovered under ORS 656.735 (Civil penalty for noncomplying employers).

(d) All moneys received by the Director of the Department of Consumer and Business Services pursuant to law or from any other source for purposes for which the fund may be expended.

(2) Moneys in the Workers’ Benefit Fund may be expended for the following purposes:

(a) Expenses of programs under ORS 656.445 (Advancement of funds from Workers’ Benefit Fund for compensation due workers insured by insurer in default), 656.506 (Assessments for programs), 656.622 (Reemployment Assistance Program), 656.625 (Reopened Claims Program), 656.628 (Workers with Disabilities Program) and 656.630 (Oregon Institute of Occupational Health Sciences funding).

(b) Proceedings against noncomplying employers pursuant to ORS 656.054 (Claim of injured worker of noncomplying employer) and 656.735 (Civil penalty for noncomplying employers).

(c) Expenses of vocational assistance on claims, the cost of which was imposed pursuant to section 15, chapter 600, Oregon Laws 1985.

(d) Payment of supplemental temporary disability benefits for workers employed in more than one job at the time of injury and reimbursement of the costs of administering payments resulting from elections by insurers and self-insured employers as provided by ORS 656.210 (Temporary total disability) (5).

(e) Payments made to injured workers pursuant to section 6a, chapter 865, Oregon Laws 2001.

(f) Expenses of the Bureau of Labor and Industries for enforcing ORS 659A.040 (Discrimination against worker applying for workers’ compensation benefits prohibited), 659A.043 (Reinstatement of injured worker to former position), 659A.046 (Reemployment of injured worker in other available and suitable work), 659A.049 (Rights of reinstatement and reemployment protected) and 659A.052 (Reemployment rights of injured state workers), subject to an agreement between the Director of the Department of Consumer and Business Services and the Commissioner of the Bureau of Labor and Industries. The agreement must include, but is not limited to, the amount of funds to be transferred to the bureau for enforcing ORS 659A.040 (Discrimination against worker applying for workers’ compensation benefits prohibited), 659A.043 (Reinstatement of injured worker to former position), 659A.046 (Reemployment of injured worker in other available and suitable work), 659A.049 (Rights of reinstatement and reemployment protected) and 659A.052 (Reemployment rights of injured state workers) and the information relating to the enforcement of ORS 659A.040 (Discrimination against worker applying for workers’ compensation benefits prohibited), 659A.043 (Reinstatement of injured worker to former position), 659A.046 (Reemployment of injured worker in other available and suitable work), 659A.049 (Rights of reinstatement and reemployment protected) and 659A.052 (Reemployment rights of injured state workers) that the bureau must report to the director.

(g) Reimbursement to the insurer or self-insured employer for the amount of permanent total disability benefits paid after the date of the notice of closure that was upheld pursuant to ORS 656.206 (Permanent total disability).

(h) Reimbursement of vocational benefit expenses as provided in ORS 656.313 (Stay of compensation pending request for hearing or review).

(3) Subject to the following provisions, all moneys in the fund are appropriated continuously to the Director of the Department of Consumer and Business Services to carry out the activities for which the fund may be expended:

(a) Moneys received pursuant to ORS 656.054 (Claim of injured worker of noncomplying employer) and 656.735 (Civil penalty for noncomplying employers) and transfers made pursuant to ORS 705.148 (Transfers from Consumer and Business Services Fund to Workers’ Benefit Fund) may be expended only to carry out the provisions of ORS 656.054 (Claim of injured worker of noncomplying employer) and 656.735 (Civil penalty for noncomplying employers) and section 15, chapter 600, Oregon Laws 1985.

(b) Moneys received pursuant to ORS 656.506 (Assessments for programs) and the transfers of unexpended and unobligated moneys in the Retroactive Reserve, Reemployment Assistance Reserve, Reopened Claims Reserve and Handicapped Workers Reserve referred to in ORS 656.506 (Assessments for programs), 656.622 (Reemployment Assistance Program), 656.625 (Reopened Claims Program) and 656.628 (Workers with Disabilities Program) (All 1993 Edition) may be expended only to carry out the programs referred to in ORS 656.506 (Assessments for programs), 656.622 (Reemployment Assistance Program), 656.625 (Reopened Claims Program), 656.628 (Workers with Disabilities Program) and 656.630 (Oregon Institute of Occupational Health Sciences funding).

(4) Notwithstanding any other provision of this chapter, if the director determines at any time that there are insufficient moneys in the Workers’ Benefit Fund to pay the expenses of programs for which expenditure of the fund is authorized, the director may reduce the level of benefits payable accordingly. [1995 c.641 §15; 1999 c.273 §3; 2001 c.865 §5; 2001 c.974 §8; 2002 s.s.2 c.4 §4; 2005 c.461 §5; 2005 c.588 §5; 2011 c.597 §267]

Note: See notes under 656.202 (Compensation payable to subject worker in accordance with law in effect at time of injury).

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.