ORS Chapter 656
Chapter 656 — Workers’Compensation
2009 EDITION
WORKERS’COMPENSATION
LABOR,EMPLOYMENT; UNLAWFUL DISCRIMINATION
GENERALPROVISIONS
656.001 Shorttitle
656.003 Applicationof definitions to construction of chapter
656.005 Definitions
656.006 Effecton employers’ liability law
656.008 Extensionof laws relating to workers’ compensation to federal lands and projects withinstate
656.010 Treatmentby spiritual means
656.012 Findingsand policy
COVERAGE
656.017 Employerrequired to pay compensation and perform other duties; state not authorized tobe direct responsibility employer
656.018 Effectof providing coverage; exclusive remedy
656.019 Civilnegligence action for claim denied on basis of failure to meet majorcontributing cause standard; statute of limitations
656.020 Damageactions by workers against noncomplying employers; defenses outlawed
656.021 Personperforming work under ORS chapter 701 as subject employer
656.023 Whoare subject employers
656.025 Individualsengaged in commuter ridesharing not subject workers; conditions
656.027 Whoare subject workers
656.029 Obligationof person awarding contract to provide coverage for workers under contract;exceptions; effect of failure to provide coverage
656.031 Coveragefor municipal volunteer personnel
656.033 Coveragefor participants in work experience or school directed professional trainingprograms
656.035 Statusof workers in separate occupations of employer
656.037 Exemptionfrom coverage for persons engaged in certain real estate activities
656.039 Electionof coverage for workers not subject to law; procedure; cancellation; electionof coverage for home health care workers employed by clients of Department ofHuman Services
656.041 Cityor county may elect to provide coverage for jail inmates
656.043 Governmentalagency paying wages responsible for providing coverage
656.044 StateAccident Insurance Fund Corporation may insure liability under Longshoremen’sand Harbor Workers’ Compensation Act; procedure; cancellation
656.046 Coverageof persons in college work experience and professional education programs
656.052 Prohibitionagainst employment without coverage; proposed order declaring noncomplyingemployer; effect of failure to comply
656.054 Claimof injured worker of noncomplying employer; procedure for disputing acceptanceof claim; recovery of costs from noncomplying employer; restrictions
656.056 Subjectemployers must post notice of manner of compliance
656.070 Definitionsfor ORS 656.027, 656.070 and 656.075
656.075 Exemptionfrom coverage for newspaper carriers; casualty insurance and other requirements
656.126 Coveragewhile temporarily in or out of state; judicial notice of other state’s laws;agreements between states relating to conflicts of jurisdiction; limitation oncompensation for claims in this state and other jurisdictions
656.128 Soleproprietors, limited liability company members, partners, independentcontractors may elect coverage by insurer; cancellation
656.132 Coverageof minors
656.135 Coverageof deaf school work experience trainees
656.138 Coverageof apprentices, trainees participating in related instruction classes
656.140 Coverageof persons operating equipment for hire
656.154 Injurydue to negligence or wrong of a person not in the same employ as injuredworker; remedy against such person
656.156 Intentionalinjuries
656.160 Effectof incarceration on receipt of compensation
656.170 Validityof provisions of certain collective bargaining agreements; alternative disputeresolution systems; exclusive medical service provider lists; authority ofdirector
656.172 Applicabilityof and criteria for establishing program under ORS 656.170
656.174 Rules
APPLICABILITYPROVISIONS
656.202 Compensationpayable to subject worker in accordance with law in effect at time of injury;exceptions; notice regarding payment
Note Implementationof 1990 Laws
Note Implementationof 1995 Laws
Note Implementationof 1997 Laws
Note Implementationof 2001 Laws
Note Implementationof 2003 Laws
Note Implementationof 2005 Laws
Note Implementationof 2007 Laws
Note Implementationof 2009 Laws
COMPENSATIONAND MEDICAL BENEFITS
656.204 Death
656.206 Permanenttotal disability
656.208 Deathduring permanent total disability
656.209 Offsettingpermanent total disability benefits against Social Security benefits
656.210 Temporarytotal disability; payment during medical treatment; election; rules
656.211 “Averageweekly wage” defined
656.212 Temporarypartial disability
656.214 Permanentpartial disability
Note Benefits,January 1, 1992, to December 31, 1995
Note Benefits,January 1, 1996, to December 31, 1997
Note Benefits,January 1, 1998, to October 23, 1999
Note Benefits,January 1, 2000, to December 31, 2004
Note Benefits,January 1, 2002, to December 31, 2004
656.216 Permanentpartial disability; method of payment; effect of prior receipt of temporarydisability payments
656.218 Continuanceof permanent partial disability payments to survivors; effect of death prior tofinal claim disposition
656.222 Compensationfor additional accident
656.225 Compensabilityof certain preexisting conditions
656.226 Cohabitantsand children entitled to compensation
656.228 Paymentsdirectly to beneficiary or custodian
656.230 Lumpsum award payments
656.232 Paymentsto aliens residing outside of United States
656.234 Compensationnot assignable nor to pass by operation of law; certain benefits subject tosupport obligations
656.236 Compromiseand release of claim matters except for medical benefits; approval byAdministrative Law Judge or board; approval by director for certain reservereimbursements; restriction on charging costs to workers; restriction onjoinder as parties for responsibility determinations
656.240 Deductionof benefits from sick leave payments paid to employees
656.245 Medicalservices to be provided; services by providers not members of managed careorganizations; authorizing temporary disability compensation and making findingof impairment for disability rating purposes by certain providers; review ofdisputed claims for medical services; rules
656.247 Paymentfor medical services prior to claim acceptance or denial; review of disputedservices; duty of health benefit plan to pay for certain medical services indenied claim
656.248 Medicalservice fee schedules; basis of fees; application to service provided bymanaged care organization; resolution of fee disputes; rules
656.250 Limitationon compensability of physical therapist services
656.252 Medicalreport regulation; rules; duties of attending physician or nurse practitioner;disclosure of information; notice of changing attending physician or nursepractitioner; copies of medical service billings to be furnished to worker
656.254 Medicalreport forms; sanctions; procedure for declaring health care practitionerineligible for workers’ compensation reimbursement
656.256 Considerationsfor rules regarding certain rural hospitals
656.258 Vocationalassistance service payments
656.260 Certificationprocedure for managed health care provider; peer review, quality assurance,service utilization and contract review; confidentiality of certaininformation; immunity from liability; rules; medical service dispute resolution
PROCEDUREFOR OBTAINING COMPENSATION
656.262 Processingof claims and payment of compensation; payment by employer; acceptance anddenial of claim; penalties and attorney fees; cooperation by worker andattorney in claim investigation; rules
656.263 Towhom notices sent under ORS 656.262, 656.265, 656.268 to 656.289, 656.295 to656.325 and 656.382 to 656.388
656.264 Compensableinjury, denied claim and other reports
656.265 Noticeof accident from worker
656.266 Burdenof proving compensability and nature and extent of disability
656.267 Claimsfor new and omitted medical conditions