2026 Special Session Comes to an End in Oregon
The legislature convened for a session on February 2, 2026, and adjourned on March 6, 2026. The short session saw a few changes to the workers’ compensation system. There was one main bill directed at the Average Weekly Wage calculation, but a few others also related to the workers’ compensation system.
- SB 1519
- Changes the calculation of TTD benefits
- Instead of multiplying the Average Weekly Wage (AWW) by 66.66% to get the TTD rate, the worker is now entitled to 75% of the worker’s AWW up to the State’s Average Weekly Wage (currently $1,417.06) and 65% of any amounts above the SAWW
- Changes will go into effect on January 1, 2027
- Changes will apply to claims with a date of injury on/after January 1, 2027
- HB 4040
- Changes the role of Nurse Practitioners (NP) and Physician Associates (PA) in many areas of law, not just workers’ compensation
- Allows NP/PA to be a type-A attending physician, meaning they can treat workers and can authorize temporary disability past the initial 180 days without a referral to a doctor
- The bill contains an emergency clause meaning it is effective on passage, WCD will be implementing temporary and then permanent rule change procedures to effectuate the changes
- HB 4027
- Creates a new tax paid equally by employers and employees with the DCBS director setting the actual rate which is expected to be around .2 cents per hour worked
- The revenue would then create a fund for BOLI operations to maintain current staffing levels
- HB 4089
- Clarifies the current law for theft of services and provides enhanced penalties for contractors and subcontractors who have multiple convictions for using unlicensed construction labor contractors
- HB 4111
- Contains three provisions related to immigration, one related to evidence in civil cases; imposing liability on employers for retaliating, discriminating or taking adverse action against an employee for changing their name, social security number or employment authorization documents; and adding immigration status to the profiling law related to law enforcement
- Amendments included protecting employers from unlawful practice claims when a third party has taken adverse action in response to changes in personal information or the employer has had to take action due to federal employment authorization requirements
If you have any questions on how these changes will affect your claim, please do not hesitate to contact me at 503-595-2130 or .
Posted by Kevin Anderson.
