ORS 656.802
Occupational disease

  • mental disorder
  • presumptions as to stress disorders
  • proof

Mentioned in

Widow of Salem firefighter fights for benefits; case heads to Oregon Supreme Court

KCBY, September 22, 2023

“Because of [the cancer risk], Oregon law presumes that cancer is an 'on-the-job' injury for firefighters, making them eligible for workers' compensation.”
 
Bibliographic info

(1)

Intentionally left blank —Ed.

(a)

As used in this chapter, “occupational disease” means any disease or infection arising out of and in the course of employment caused by substances or activities to which an employee is not ordinarily subjected or exposed other than during a period of regular actual employment therein, and which requires medical services or results in disability or death, including:

(A)

Any disease or infection caused by ingestion of, absorption of, inhalation of or contact with dust, fumes, vapors, gases, radiation or other substances.

(B)

Any mental disorder, whether sudden or gradual in onset, which requires medical services or results in physical or mental disability or death.

(C)

Any series of traumatic events or occurrences which requires medical services or results in physical disability or death.

(b)

As used in this chapter, “mental disorder” includes any physical disorder caused or worsened by mental stress.

(2)

Intentionally left blank —Ed.

(a)

The worker must prove that employment conditions were the major contributing cause of the disease.

(b)

If the occupational disease claim is based on the worsening of a preexisting disease or condition pursuant to ORS 656.005 (Definitions) (7), the worker must prove that employment conditions were the major contributing cause of the combined condition and pathological worsening of the disease.

(c)

Occupational diseases shall be subject to all of the same limitations and exclusions as accidental injuries under ORS 656.005 (Definitions) (7).

(d)

Existence of an occupational disease or worsening of a preexisting disease must be established by medical evidence supported by objective findings.

(e)

Preexisting conditions shall be deemed causes in determining major contributing cause under this section.

(3)

Notwithstanding any other provision of this chapter, a mental disorder is not compensable under this chapter unless the worker establishes all of the following:

(a)

The employment conditions producing the mental disorder exist in a real and objective sense.

(b)

The employment conditions producing the mental disorder are conditions other than conditions generally inherent in every working situation or reasonable disciplinary, corrective or job performance evaluation actions by the employer, or cessation of employment or employment decisions attendant upon ordinary business or financial cycles.

(c)

There is a diagnosis of a mental or emotional disorder which is generally recognized in the medical or psychological community.

(d)

There is clear and convincing evidence that the mental disorder arose out of and in the course of employment.

(4)

Intentionally left blank —Ed.

(a)

Death, disability or impairment of health of firefighters of any political division who have completed five or more years of employment as firefighters, caused by any disease of the lungs or respiratory tract, hypertension or cardiovascular-renal disease, and resulting from their employment as firefighters is an “occupational disease.” Any condition or impairment of health arising under this subsection shall be presumed to result from a firefighter’s employment. However, any such firefighter must have taken a physical examination upon becoming a firefighter, or subsequently thereto, which failed to reveal any evidence of such condition or impairment of health which preexisted employment. Denial of a claim for any condition or impairment of health arising under this subsection must be on the basis of clear and convincing medical evidence that the cause of the condition or impairment is unrelated to the firefighter’s employment.

(b)

Notwithstanding ORS 656.027 (Who are subject workers) (6), a city that provides a disability or retirement system for firefighters by ordinance or charter that is not subject to this chapter, when accepting and processing claims for death, disability or impairment of health from firefighters covered by the disability or retirement system, shall apply:

(A)

The provisions of this subsection; and

(B)

For claims filed under this subsection, the time limitations for filing claims that are set forth in ORS 656.807 (Time for filing of claims for occupational disease) (1) and (2).

(5)

Intentionally left blank —Ed.

(a)

Death, disability or impairment of health of a nonvolunteer firefighter employed by a political division or subdivision who has completed five or more years of employment as a nonvolunteer firefighter is an occupational disease if the death, disability or impairment of health:

(A)

Is caused by brain cancer, colon cancer, stomach cancer, testicular cancer, prostate cancer, multiple myeloma, non-Hodgkin’s lymphoma, cancer of the throat or mouth, rectal cancer, breast cancer or leukemia;

(B)

Results from the firefighter’s employment as a nonvolunteer firefighter; and

(C)

Is first diagnosed by a physician after July 1, 2009.

(b)

Any condition or impairment of health arising under this subsection is presumed to result from the firefighter’s employment. Denial of a claim for any condition or impairment of health arising under this subsection must be on the basis of clear and convincing medical evidence that the condition or impairment was not caused or contributed to in material part by the firefighter’s employment.

(c)

Notwithstanding paragraph (b) of this subsection, the presumption established under paragraph (b) of this subsection may be rebutted by clear and convincing evidence that the use of tobacco by the nonvolunteer firefighter is the major contributing cause of the cancer.

(d)

The presumption established under paragraph (b) of this subsection does not apply to prostate cancer if the cancer is first diagnosed by a physician after the firefighter has reached the age of 55. However, nothing in this paragraph affects the right of a firefighter to establish the compensability of prostate cancer without benefit of the presumption.

(e)

The presumption established under paragraph (b) of this subsection does not apply to claims filed more than 84 months following the termination of the nonvolunteer firefighter’s employment as a nonvolunteer firefighter. However, nothing in this paragraph affects the right of a firefighter to establish the compensability of the cancer without benefit of the presumption.

(f)

The presumption established under paragraph (b) of this subsection does not apply to volunteer firefighters.

(g)

Nothing in this subsection affects the provisions of subsection (4) of this section.

(h)

For purposes of this subsection, “nonvolunteer firefighter” means a firefighter who performs firefighting services and receives salary, hourly wages equal to or greater than the state minimum wage, or other compensation except for room, board, lodging, housing, meals, stipends, reimbursement for expenses or nominal payments for time and travel, regardless of whether any such compensation is subject to federal, state or local taxation. “Nominal payments for time and travel” includes, but is not limited to, payments for on-call time or time spent responding to a call or similar noncash benefits.

(6)

Notwithstanding ORS 656.027 (Who are subject workers) (6), any city providing a disability and retirement system by ordinance or charter for firefighters and police officers not subject to this chapter shall apply the presumptions established under subsection (5) of this section when processing claims for firefighters covered by the system.

(7)

Intentionally left blank —Ed.

(a)

As used in this subsection:

(A)

“Acute stress disorder” has the meaning given that term in the DSM-5.

(B)

“Covered employee” means an individual who, on the date a claim is filed under this chapter:
(i)
Was employed for at least five years by, or experienced a single traumatic event that satisfies the criteria set forth in the DSM-5 as Criterion A for diagnosing post-traumatic stress disorder while employed by, the state, a political subdivision of the state, a special government body, as defined in ORS 174.117 (“Special government body” defined), or a public agency in any of these occupations:

(I)

A full-time paid firefighter;

(II)

A full-time paid emergency medical services provider;

(III)

A full-time paid police officer;

(IV)

A full-time paid corrections officer or youth correction officer;

(V)

A full-time paid parole and probation officer; or

(VI)

A full-time paid emergency dispatcher or 9-1-1 emergency operator; and
(ii)
Remains employed in an occupation listed in sub-subparagraph (i) of this subparagraph or separated from employment in the occupation not more than seven years previously.

(C)

“DSM-5” means the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

(D)

“Post-traumatic stress disorder” has the meaning given that term in the DSM-5.

(E)

“Psychiatrist” means a psychiatrist whom the Oregon Medical Board has licensed and certified as eligible to diagnose the conditions described in this subsection.

(F)

“Psychologist” means a licensed psychologist, as defined in ORS 675.010 (Definitions for ORS 675.010 to 675.150), whom the Oregon Board of Psychology has certified as eligible to diagnose the conditions described in this subsection.

(b)

Notwithstanding subsections (2) and (3) of this section, if a covered employee establishes through a preponderance of persuasive medical evidence from a psychiatrist or psychologist that the covered employee has more likely than not satisfied the diagnostic criteria in the DSM-5 for post-traumatic stress disorder or acute stress disorder, any resulting death, disability or impairment of health of the covered employee shall be presumed to be compensable as an occupational disease. An insurer or self-insured employer may rebut the presumption only by establishing through clear and convincing medical evidence that duties as a covered employee were not of real importance or great consequence in causing the diagnosed condition.

(c)

An insurer’s or self-insured employer’s acceptance of a claim of post-traumatic stress disorder or acute stress disorder under this subsection, whether the acceptance was voluntary or was a result of a judgment or order, does not preclude the insurer or the self-insured employer from later denying the current compensability of the claim if exposure as a covered employee to trauma that meets the diagnostic criteria set forth as Criterion A in the DSM-5 for post-traumatic stress disorder or acute stress disorder ceases being of real importance or great consequence in causing the disability, impairment of health or a need for treatment.

(d)

An insurer or self-insured employer may deny a claim under paragraph (c) of this subsection only on the basis of clear and convincing medical evidence.

(e)

Notwithstanding ORS 656.027 (Who are subject workers) (6), a city that provides a disability or retirement system for firefighters and police officers by ordinance or charter that is not subject to this chapter, when accepting and processing claims for death, disability or impairment of health from firefighters and police officers covered by the disability or retirement system, shall apply:

(A)

The provisions of this subsection; and

(B)

For claims filed under this subsection, the time limitations for filing claims that are set forth in ORS 656.807 (Time for filing of claims for occupational disease) (1) and (2). [Amended by 1959 c.351 §1; 1961 c.583 §1; 1973 c.543 §1; 1977 c.734 §1; 1983 c.236 §1; 1987 c.713 §4; 1990 c.2 §43; 1995 c.332 §56; 2009 c.24 §1; 2019 c.372 §1; 2021 c.124 §1]

Source: Section 656.802 — Occupational disease; mental disorder; presumptions as to stress disorders; proof, https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html.

See also annotations under ORS 656.005 (Occupational disease).

Notes of Decisions

Distinguishing features between occupational disease and accidental injury are unexpectedness and definiteness of onset time. O’Neal v. Sisters of Providence, 22 Or App 9, 537 P2d 580 (1975)

Workers’ Compensation Law presumption of occupational cause of firefighter’s heart disease is inapplicable to public retirement disability benefits cases. Mitchell v. PERB, 28 Or App 339, 559 P2d 1325 (1977), Sup Ct review denied

Temporary worsening of underlying condition is compensable if requiring medical services or resulting in temporary disability. Morgan v. Beaver Heat Treating Corp., 44 Or App 209, 605 P2d 732 (1980)

Mere increase in level of pain does not establish actual worsening of underlying condition. Cooper v. SAIF, 54 Or App 659, 635 P2d 1067 (1981), Sup Ct review denied

Disability is not occupational disease if on-job and off-job conditions are both of type capable of producing particular disability even though conditions are not identical. James v. SAIF, 290 Or 343, 624 P2d 565 (1981)

High intensity of on-job stress made it substantially different from off-job stress and therefore activity not ordinarily encountered outside employment. SAIF v. Gygi, 55 Or App 570, 639 P2d 655 (1982), Sup Ct review denied

Where on-job condition did not cause disabling pain until after sudden distinct event, claim for resulting disability was for accidental injury rather than occupational disease. Valtinson v. SAIF, 56 Or App 184, 641 P2d 598 (1982)

Where disabling occupational disease developed during specific employment, later employment that exacerbated symptoms did not shift liability from initial employer under last injurious exposure rule. Bracke v. Baza’r, Inc., 293 Or 239, 646 P2d 1330 (1982)

There are at least two last injurious exposure rules: one that assigns liability where successive employment contributes to totality of disease and one that substitutes for proof of actual causation. Bracke v. Baza’r, Inc., 293 Or 239, 646 P2d 1330 (1982); Fossum v. SAIF, 293 Or 252, 646 P2d 1337 (1982)

Under both last injurious exposure rules, rule of liability assignment and rule of proof, last potentially causal employer is solely liable. Fossum v. SAIF, 293 Or 252, 646 P2d 1337 (1982)

Stressful events accompanying discharge from employment arise within scope of employment, but discharge and loss of job do not. Elwood v. SAIF, 298 Or 429, 693 P2d 641 (1984)

Claimant must establish work caused worsening or acceleration of underlying disease, not merely worsening of symptoms. AMFAC v. Ingram, 72 Or App 168, 694 P2d 1005 (1985), Sup Ct review denied

Last injurious exposure rule does not apply to occupational disease claim where subsequent employer is not subject to Oregon Workers’ Compensation Act. Progress Quarries v. Vaandering, 80 Or App 160, 722 P2d 19 (1986)

Unitary work connection test analysis applies to occupational disease claims. SAIF v. Noffsinger, 80 Or App 640, 723 P2d 358 (1986), Sup Ct review denied

Strain can constitute occupational disease, not merely worsening of condition. Tucker v. Liberty Mutual Ins. Co., 87 Or App 607, 743 P2d 761 (1987)

Where disease is of type manifested only through symptoms, presence of symptoms is sufficient to establish existence of disease. Teledyne Wah Chang v. Vorderstrasse, 104 Or App 498, 802 P2d 83 (1990)

“Traumatic events or occurrences” refers to physical traumas only. Sibley v. City of Phoenix, 107 Or App 606, 813 P2d 69 (1991), Sup Ct review denied

“Conditions generally inherent in every working situation” refers to conditions present in every employment, not conditions generally inherent in claimant’s particular job. Housing Authority of Portland v. Zimmerly, 108 Or App 596, 816 P2d 1179 (1991); Whitlock v. Klamath County School District, 158 Or App 464, 974 P2d 705 (1999), Sup Ct review denied

Board is authorized to develop what conditions are generally inherent in every working situation and may do so on case-by-case basis. SAIF v. Campbell, 113 Or App 93, 830 P2d 616 (1992)

Once liability is initially fixed, to shift responsibility for occupational disease claim to later employer, initially responsible employer must prove that later employment conditions actually contributed to worsening of condition. Oregon Boiler Works v. Lott, 115 Or App 70, 836 P2d 756 (1992)

Repetitive trauma occurring during discrete, identifiable period of time due to specific activity can be injury rather than occupational disease. LP Company v. Disdero Structural, 118 Or App 36, 845 P2d 1305 (1993)

All claims for independent compensability of mental disorder are subject to occupational disease analysis regardless of suddenness of onset. Fuls v. SAIF, 129 Or App 255, 879 P2d 869 (1994), aff’d 321 Or 151, 894 P2d 1163 (1995)

Out-of-state employment could be used for purpose of establishing that occupational disease was work related, notwithstanding that employment was not subject to Oregon Workers’ Compensation Act. Silveira v. Larch Enterprises, 133 Or App 297, 891 P2d 697 (1995)

Physical examination for evidence of disqualifying condition in firefighter requires only tests customarily performed for purpose, not tests that will eliminate all possibility of disqualifying condition. Winston-Dillard RFPD v. Addis, 134 Or App 98, 894 P2d 532 (1995)

Concern over possible transfer or layoff is not compensable condition of employment. Bogle v. Dept. of General Services, 136 Or App 351, 901 P2d 968 (1995)

Requirement for diagnosis of mental or emotional disorder is met by diagnosis of physical disorder caused or worsened by mental stress. SAIF v. Falconer, 154 Or App 511, 963 P2d 50 (1998), Sup Ct review denied

In occupational disease cases, disease or condition is preexisting only if it: 1) contributes or predisposes claimant to disability or need for treatment; and 2) precedes either date of disability or date when medical treatment is first sought, whichever occurs first. SAIF v. Cessnun, 161 Or App 367, 984 P2d 894 (1999)

Employer may rebut presumption that condition is work related without identifying alternative cause for condition. Long v. Tualatin Valley Fire, 163 Or App 397, 987 P2d 1267 (1999), Sup Ct review denied

Inclusion of “any disease” caused by inhalation of dust within definition of occupational disease does not extend definition to injury resulting from sudden dust inhalation. Weyerhaeuser Co. v. Woda, 166 Or App 73, 998 P2d 226 (2000), Sup Ct review denied

In determining causation under mental disorder claim, nonexcluded work-related factors are weighed against total of excluded work-related factors and non-work-related factors. Liberty Northwest Insurance Corp. v. Shotthafer, 169 Or App 556, 10 P3d 299 (2000)

Current employer may not treat disease arising from past employment as preexisting disease for purpose of applying restrictions on compensability for worsened condition. SAIF v. Henwood, 176 Or App 431, 31 P3d 1096 (2001), Sup Ct review denied

Where gradual hearing loss is result of combined condition, overall hearing loss is treated as disease for purposes of determining causation. Lecangdam v. SAIF, 185 Or App 276, 59 P3d 528 (2002)

“Objective findings” in support of medical evidence means determination, made in medically acceptable way, that characteristics of physical findings or of subjective responses to physical examination are verifiable indicators of injury or disease. SAIF v. Lewis, 335 Or 92, 58 P3d 814 (2002)

Making “objective findings” in support of medical evidence does not constrain person making findings to rely on own perceptions or examination or require person to determine that injury or disease presently exists. SAIF v. Lewis, 335 Or 92, 58 P3d 814 (2002)

Distinction between injury and occupational disease depends on whether condition occurred gradually, not whether symptoms developed gradually. Smirnoff v. SAIF, 188 Or App 438, 72 P3d 118 (2003)

To establish occupational disease based on worsening of work-related preexisting condition, claimant may use employment conditions both before and after existence of preexisting condition to prove employment is major contributing cause of current condition and worsening of disease. Ahlberg v. SAIF, 199 Or App 271, 111 P3d 778 (2005)

“Cardiovascular-renal disease” means physical impairment of heart or blood vessels that is gradual in onset and interrupts or modifies performance of body’s vital functions. City of Eugene v. McCann, 248 Or App 527, 273 P3d 348 (2012); Kalenius v. City of Corvallis, 313 Or App 447, 495 P3d 209 (2021), Sup Ct review denied

If person has mental disorder, heightened compensability standard for mental disorders applies instead of compensability standard for firefighters. Estacada Rural Fire District #69 v. Hull, 256 Or App 729, 303 P3d 969 (2013), Sup Ct review denied

Worker may establish compensability of occupational disease based on series of traumatic events or occurrences without showing contribution from general work activities. Simi v. LTI Inc. -Lynden Inc., 300 Or App 258, 453 P3d 587 (2019)

Investigations that do not ultimately lead to discipline but that are preludes to discipline are disciplinary for purposes of this section. Vaughn v. Marion County, 305 Or App 1, 469 P3d 231 (2020)

Law Review Citations

10 EL 159, 165 (1979); 17 WLR 708 (1981); 23 WLR 441, 442 (1987); 24 WLR 341 (1988); 32 WLR 217 (1996)

656.001
Short title 656.003
Application of definitions to construction of chapter 656.005
Definitions 656.006
Effect on employers’ liability law 656.008
Extension of laws relating to workers’ compensation to federal lands and projects within state 656.010
Treatment by spiritual means 656.012
Findings and policy 656.017
Employer required to pay compensation and perform other duties 656.018
Effect of providing coverage 656.019
Civil negligence action for claim denied on basis of failure to meet major contributing cause standard 656.020
Damage actions by workers against noncomplying employers 656.021
Coverage exception for laborers under contracts with construction and landscape contractor licensees 656.023
Who are subject employers 656.025
Individuals engaged in commuter ridesharing not subject workers 656.027
Who are subject workers 656.029
Obligation of person awarding contract to provide coverage for workers under contract 656.031
Coverage for municipal volunteer personnel 656.033
Coverage for participants in work experience or school directed professional training programs 656.035
Status of workers in separate occupations of employer 656.037
Exemption from coverage for persons engaged in certain real estate activities 656.039
Election of coverage for workers not subject to law 656.041
City or county may elect to provide coverage for adults in custody 656.043
Governmental agency paying wages responsible for providing coverage 656.044
State Accident Insurance Fund Corporation may insure liability under Longshoremen’s and Harbor Workers’ Compensation Act 656.046
Coverage of persons in college work experience and professional education programs 656.052
Prohibition against employment without coverage 656.054
Claim of injured worker of noncomplying employer 656.056
Subject employers must post notice of manner of compliance 656.070
Definitions for ORS 656.027, 656.070 and 656.075 656.075
Exemption from coverage for newspaper carriers 656.126
Coverage while temporarily in or out of state 656.128
Sole proprietors, limited liability company members, partners, independent contractors may elect coverage by insurer 656.132
Coverage of minors 656.135
Coverage of deaf school work experience trainees 656.138
Coverage of apprentices, trainees participating in related instruction classes 656.140
Coverage of persons operating equipment for hire 656.154
Injury due to negligence or wrong of a person not in the same employ as injured worker 656.156
Intentional injuries 656.160
Effect of incarceration on receipt of compensation 656.170
Validity of provisions of certain collective bargaining agreements 656.172
Applicability of and criteria for establishing program under ORS 656.170 656.174
Rules 656.202
Compensation payable to subject worker in accordance with law in effect at time of injury 656.204
Death 656.206
Permanent total disability 656.208
Death during permanent total disability 656.209
Offsetting permanent total disability benefits against Social Security benefits 656.210
Temporary total disability 656.211
“Average weekly wage” defined 656.212
Temporary partial disability 656.214
Permanent partial disability 656.216
Permanent partial disability 656.218
Continuance of permanent partial disability payments to survivors 656.222
Compensation for additional accident 656.225
Compensability of certain preexisting conditions 656.226
Cohabitants and children entitled to compensation 656.228
Payments directly to beneficiary or custodian 656.230
Lump sum award payments 656.232
Payments to aliens residing outside of United States 656.234
Compensation not assignable nor to pass by operation of law 656.236
Compromise and release of claim matters except for medical benefits 656.240
Deduction of benefits from sick leave payments paid to employees 656.245
Medical services to be provided 656.247
Payment for medical services prior to claim acceptance or denial 656.248
Medical service fee schedules 656.250
Limitation on compensability of physical therapist services 656.252
Medical report regulation 656.254
Medical report forms 656.256
Considerations for rules regarding certain rural hospitals 656.258
Vocational assistance service payments 656.260
Certification procedure for managed health care provider 656.262
Processing of claims and payment of compensation 656.263
To whom notices sent under ORS 656.262, 656.265, 656.268 to 656.289, 656.295 to 656.325 and 656.382 to 656.388 656.264
Compensable injury, denied claim and other reports 656.265
Notice of accident from worker 656.266
Burden of proving compensability and nature and extent of disability 656.267
Claims for new and omitted medical conditions 656.268
Claim closure 656.273
Aggravation for worsened conditions 656.277
Request for reclassification of nondisabling claim 656.278
Board has continuing authority to alter earlier action on claim 656.283
Hearing rights and procedure 656.285
Protection of witnesses at hearings 656.287
Use of vocational reports in determining loss of earning capacity at hearing 656.289
Orders of Administrative Law Judge 656.291
Expedited Claim Service 656.295
Board review of Administrative Law Judge orders 656.298
Judicial review of board orders 656.304
When acceptance of compensation precludes hearing 656.307
Determination of issues regarding responsibility for compensation payment 656.308
Responsibility for payment of claims 656.310
Presumption concerning notice of injury and self-inflicted injuries 656.313
Stay of compensation pending request for hearing or review 656.319
Time within which hearing must be requested 656.325
Required medical examination 656.327
Review of medical treatment of worker 656.328
List of authorized providers and standards of professional conduct for providers of independent medical examinations 656.331
Contact, medical examination of worker represented by attorney prohibited without written notice 656.340
Vocational assistance procedure 656.360
Confidentiality of worker medical and vocational claim records 656.362
Liability for disclosure of worker medical and vocational claim records 656.382
Penalties and attorney fees payable by insurer or employer in processing claim 656.383
Attorney fees in cases prior to decision or after request for hearing 656.385
Attorney fees in cases regarding certain medical service or vocational rehabilitation matters 656.386
Recovery of attorney fees, expenses and costs in appeal on denied claim 656.388
Approval of attorney fees required 656.390
Frivolous appeals, hearing requests or motions 656.403
Obligations of self-insured employer 656.407
Qualifications of insured employers 656.419
Workers’ compensation insurance contracts 656.423
Cancellation of coverage by employer 656.427
Termination of workers’ compensation insurance contract or surety bond liability by insurer 656.430
Certification of self-insured employer 656.434
Certification effective until canceled or revoked 656.440
Notice of certificate revocation 656.441
Advancement of funds from Workers’ Benefit Fund for compensation due workers insured by certain decertified self-insured employer groups 656.443
Procedure upon default by employer or self-insured employer group 656.445
Advancement of funds from Workers’ Benefit Fund for compensation due workers insured by insurer in default 656.447
Sanctions against insurer for failure to comply with contracts, orders or rules 656.455
Self-insured employers to process claims and make records available at authorized locations 656.502
“Fiscal year” defined 656.504
Rates, charges, fees and reports by employers insured by State Accident Insurance Fund Corporation 656.505
Estimate of payroll when employer fails to file payroll report 656.506
Assessments for programs 656.508
Authority to fix premium rates for employers 656.526
Distribution of dividends from surplus in Industrial Accident Fund 656.536
Premium charges for coverage of reforestation cooperative workers based on prevailing wage 656.552
Deposit of cash, bond or letter of credit to secure payment of employer’s premiums 656.554
Injunction against employer failing to comply with deposit requirements 656.556
Liability of person letting a contract for amounts due from contractor 656.560
Default in payment of premiums, fees, assessments or deposit 656.562
Moneys due Industrial Accident Fund as preferred claims 656.564
Lien for amounts due from employer on real property, improvements and equipment on or with which labor is performed by workers of employer 656.566
Lien on property of employer for amounts due 656.576
“Paying agency” defined 656.578
Workers’ election whether to sue third person or noncomplying employer for damages 656.580
Payment of compensation notwithstanding cause of action for damages 656.583
Paying agency may compel election and prompt action 656.587
Paying agency must join in any compromise 656.591
Election not to bring action operates as assignment of cause of action 656.593
Procedure when worker or beneficiary elects to bring action 656.595
Precedence of cause of action 656.596
Damage recovery as offset against compensation 656.602
Disbursement procedures 656.605
Workers’ Benefit Fund 656.612
Assessments for department activities 656.614
Self-Insured Employer Adjustment Reserve 656.622
Reemployment Assistance Program 656.625
Reopened Claims Program 656.628
Workers with Disabilities Program 656.630
Oregon Institute of Occupational Health Sciences funding 656.632
Industrial Accident Fund 656.634
Trust fund status of Industrial Accident Fund 656.635
Reserve accounts in Industrial Accident Fund 656.636
Reserves in Industrial Accident Fund for awards for permanent disability or death 656.640
Creation of reserves 656.642
Emergency Fund 656.644
Petty cash funds 656.702
Disclosure of records of corporation, department and insurers 656.704
Actions and orders regarding matters concerning claim and matters other than matters concerning claim 656.708
Hearings Division 656.709
Ombudsman for injured workers 656.712
Workers’ Compensation Board 656.714
Removal of board member 656.716
Board members not to engage in political or business activity that interferes with duties as board member 656.718
Chairperson 656.720
Prosecution and defense of actions by Attorney General and district attorneys 656.722
Authority to employ subordinates 656.724
Administrative Law Judges 656.725
Duties and status of Administrative Law Judges 656.726
Duties and powers to carry out workers’ compensation and occupational safety laws 656.727
Rules for administration of benefit offset 656.730
Assigned risk plan 656.732
Power to compel obedience to subpoenas and punish for misconduct 656.735
Civil penalty for noncomplying employers 656.740
Review of proposed order declaring noncomplying employer or nonsubjectivity determination 656.745
Civil penalty for inducing failure to report claims 656.751
State Accident Insurance Fund Corporation created 656.752
State Accident Insurance Fund Corporation 656.753
State Accident Insurance Fund Corporation exempt from certain financial administration laws 656.754
Manager 656.758
Inspection of books, records and payrolls 656.772
Annual audit of State Accident Insurance Fund Corporation by Secretary of State 656.774
Annual report by State Accident Insurance Fund Corporation to Secretary of State 656.776
Notice to Secretary of State regarding action on audit report 656.780
Certification and training of claims examiners 656.790
Workers’ Compensation Management-Labor Advisory Committee 656.794
Advisory committee on medical care 656.795
Informational materials for nurse practitioners 656.797
Certification by nurse practitioner of review of required materials 656.798
Duty of insurer, self-insured employer and self-insured employer group to provide information to director 656.799
Informational materials for other health care professionals 656.802
Occupational disease 656.804
Occupational disease as an injury under Workers’ Compensation Law 656.807
Time for filing of claims for occupational disease 656.850
License 656.855
Licensing system for worker leasing companies 656.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 656.802’s source at oregon​.gov