Permanent Rule Changes Coming to Oregon Workers’ Compensation!
There are new and significant rule changes to Oregon Workers Compensation. These will affect the way workers’ compensation benefits are paid and calculated. Additionally, notable and significant revisions from HB 4138 (regarding overpayments) will not be in effect until January 1, 2024.
Apportionment of PPD in light of Johnson v. SAIF, 369 Or 577 (2022).
The Oregon Supreme Court held when a compensable injury is a material cause of a worker’s impairment, the worker is entitled to the full value of the total impairment, including the portion of the impairment attributed to certain denied conditions.
Effective December 4, 2022.
Amends OAR 436-035, Disability Rating Standards related to combined condition denials, hearing loss, and surgical findings.
Changes in Employer/Insurer Coverage Responsibility
OAR 436-050 amended to ensure appropriate security deposits by self-insured employers and self-insured employer groups are available to pay workers’ compensation benefits in case a self-insured employer or group defaults or is unable to make payment.