2015 Oregon Revised Statutes
Volume : 14 - Trade Practices, Labor and Employment
Chapter 656 - Workers’ Compensation
Section 656.202 - Compensation payable to subject worker in accordance with law in effect at time of injury; exceptions; notice regarding payment.

(1) If any subject worker sustains a compensable injury, the worker or the beneficiaries of the worker, if the injury results in death, shall receive compensation as provided in this chapter, regardless of whether the worker was employed by a complying or noncomplying employer.

(2) Except as otherwise provided by law, payment of benefits for injuries or deaths under this chapter shall be continued as authorized, and in the amounts provided for, by the law in force at the time the injury giving rise to the right to compensation occurred.

(3) When compensation is paid to a claimant or other payment is made to the provider of service pursuant to this chapter, the insurer or self-insured employer shall notify the payment recipient in writing of the specific purpose of the payment. When applicable, the notice shall indicate the time period for which the payment is made and the reimbursable expenses or other bills and charges covered. If any portion of the claim is denied, the notice shall identify that portion of the claimed amounts that is not being paid.

(4) Notwithstanding subsections (1) to (3) of this section, the amendments to ORS 656.325 by section 4, chapter 723, Oregon Laws 1981, and ORS 656.335 (1993 Edition) apply to all workers regardless of the date of injury.

(5) This section does not apply to vocational assistance benefits.

(6) Notwithstanding subsection (2) of this section, the increase in benefits to the surviving spouse of an injured worker made by the amendment to ORS 656.204 (2)(c) (1993 Edition) by section 1, chapter 108, Oregon Laws 1985, applies to a surviving spouse who remarries after September 20, 1985, regardless of the date of injury or death of the worker.

(7) Notwithstanding subsection (2) of this section, the increase in benefits to the surviving spouse of an injured worker made by the amendments to ORS 656.204 (3)(a) and (b) (1997 Edition) by section 2, chapter 927, Oregon Laws 1999, applies to a surviving spouse who remarries on or after October 23, 1999, regardless of the date of injury or death of the worker. [Amended by 1953 c.669 §4; 1953 c.670 §4; 1957 c.718 §3; 1959 c.450 §1; 1965 c.285 §21; 1977 c.430 §6; 1981 c.770 §1; subsection (4) enacted as 1981 c.723 §8; 1985 c.108 §3; 1985 c.600 §6; 1985 c.706 §6; 1985 c.770 §6; 1995 c.332 §12; 1999 c.927 §1]

Note: Section 54, chapter 2, Oregon Laws 1990, provides:

Sec. 54. (1) Except for amendments to ORS 656.027, 656.211, 656.214 (2) and 656.790, this 1990 Act becomes operative July 1, 1990, and notwithstanding ORS 656.202, this 1990 Act applies to all claims existing or arising on and after July 1, 1990, regardless of date of injury, except as specifically provided in this section.

(2) Any matter regarding a claim which is in litigation before the Hearings Division, the board, the Court of Appeals or the Supreme Court under this chapter, and regarding which matter a request for hearing was filed before May 1, 1990, and a hearing was convened before July 1, 1990, shall be determined pursuant to the law in effect before July 1, 1990.

(3) Amendments by this 1990 Act to ORS 656.214 (5), the amendments to ORS 656.268 (4), (5), (6), (7) and (8), ORS 656.283 (7), 656.295, 656.319, 656.325, 656.382 and 656.726 shall apply to all claims which become medically stationary after July 1, 1990. [1990 c.2 §54]

Note: Section 66, chapter 332, Oregon Laws 1995, provides:

Sec. 66. (1) Notwithstanding any other provision of law, chapter 332, Oregon Laws 1995, applies to all claims or causes of action existing or arising on or after June 7, 1995, regardless of the date of injury or the date a claim is presented, and chapter 332, Oregon Laws 1995, is intended to be fully retroactive unless a specific exception is stated in chapter 332, Oregon Laws 1995.

(2) The amendments to ORS 656.204 and 656.265 by sections 13 and 29, chapter 332, Oregon Laws 1995, and the amendments to ORS 656.210 (2)(a) by section 15, chapter 332, Oregon Laws 1995, apply only to injuries occurring on or after June 7, 1995.

(3) Sections 8 and 9, chapter 332, Oregon Laws 1995, and the amendments to ORS 656.054, 656.248 and 656.622 by sections 7, 26 and 49, chapter 332, Oregon Laws 1995, become operative January 1, 1996.

(4) The amendments to ORS 656.268 (4), (5), (6) and (9), 656.319 (4) and 656.726 (3)(f) by sections 30, 39 and 55, chapter 332, Oregon Laws 1995, shall apply only to claims that become medically stationary on or after June 7, 1995.

(5)(a) The amendments to statutes by chapter 332, Oregon Laws 1995, and new sections added to ORS chapter 656 by chapter 332, Oregon Laws 1995, do not apply to any matter for which an order or decision has become final on or before June 7, 1995.

(b) Notwithstanding paragraph (a) of this subsection, the amendments to ORS 656.262 (6) creating new paragraph (c) and the amendments to the subsection designated (10) by section 28, chapter 332, Oregon Laws 1995, apply to all claims without regard to any previous order or closure.

(6) The amendments to statutes by chapter 332, Oregon Laws 1995, and new sections added to ORS chapter 656 by chapter 332, Oregon Laws 1995, do not extend or shorten the procedural time limitations with regard to any action on a claim taken prior to June 7, 1995.

(7) The amendments to ORS 656.506 by section 63, chapter 332, Oregon Laws 1995, first become operative October 1, 1995. [1995 c.332 §66; 1999 c.6 §2]

Note: Section 2, chapter 605, Oregon Laws 1997, provides:

Sec. 2. Notwithstanding any other provision of law to the contrary, the amendments to ORS 656.262 by section 1 of this Act apply to all claims or causes of action existing or arising on or after the effective date of this Act [July 25, 1997], regardless of the date of injury or the date a claim is presented, and this Act is intended to be fully retroactive. [1997 c.605 §2]

Note: Section 6, chapter 639, Oregon Laws 1997, provides:

Sec. 6. Notwithstanding any other provision of law, the amendments to ORS 656.593 by section 4 of this Act apply to all claims or causes of action existing on or arising on or after the effective date of this Act [July 25, 1997], regardless of the date of injury or the date a claim is presented, and the amendments to ORS 656.593 by section 4 of this Act are intended to be fully retroactive. [1997 c.639 §6]

Note: Section 22, chapter 865, Oregon Laws 2001, provides:

Sec. 22. (1) Section 14 of this 2001 Act [656.247] and the amendments to ORS 656.005, 656.210, 656.262, 656.266, 656.308, 656.313, 656.325 (5), 656.386, 656.605 and 656.804 by sections 1, 2, 3, 4, 5, 7, 8, 9, 13 and 13a of this 2001 Act apply to all claims with a date of injury on or after January 1, 2002.

(2) Section 10 of this 2001 Act [656.267] and the amendments to ORS 656.278 and 656.625 by sections 11 and 11a of this 2001 Act apply to all claims regardless of date of injury.

(3) The amendments to ORS 656.268 (6) by section 12 of this 2001 Act apply to any claim with a date of closure on or after January 1, 2002.

(4) The amendments to ORS 656.325 (1) by section 13 of this 2001 Act apply to any claim with a date of denial on or after January 1, 2002. [2001 c.865 §22]

Note: Section 2, chapter 429, Oregon Laws 2003, provides:

Sec. 2. The amendments to ORS 656.268 by section 1 of this 2003 Act apply to all claims first closed on or after the effective date of this 2003 Act [January 1, 2004]. [2003 c.429 §2]

Note: Sections 13 and 15, chapter 657, Oregon Laws 2003, provide:

Sec. 13. The amendments to ORS 656.206, 656.214, 656.268, 656.307, 656.325 and 656.726 by sections 1, 3, 5, 7, 9 and 11 of this 2003 Act apply to injuries occurring on or after January 1, 2005. [2003 c.657 §13]

Sec. 15. The amendments to ORS 656.206, 656.214, 656.268, 656.307, 656.325 and 656.726 by sections 2, 4, 6, 8, 10 and 12 of this 2003 Act apply to injuries occurring on or after January 1, 2008. [2003 c.657 §15]

Note: Section 3, chapter 756, Oregon Laws 2003, provides:

Sec. 3. The amendments to ORS 656.262 and 656.385 by sections 1 and 2 of this 2003 Act apply to all claims for which an order relating to the issue on which attorney fees are sought has not become final on or before the effective date of this 2003 Act [January 1, 2004], regardless of the date of injury. [2003 c.756 §3]

Note: Section 4, chapter 188, Oregon Laws 2005, provides:

Sec. 4. (1) The amendments to ORS 656.267, 656.278 and 656.298 by sections 1, 2 and 3 of this 2005 Act apply to all claims existing or arising on or after the effective date of this 2005 Act [January 1, 2006].

(2) Notwithstanding subsection (1) of this section, the amendments to ORS 656.267, 656.278 and 656.298 by sections 1, 2 and 3 of this 2005 Act do not apply to any matter for which an order has become final prior to the effective date of this 2005 Act. [2005 c.188 §4]

Note: Section 5, chapter 221, Oregon Laws 2005, provides:

Sec. 5. The amendments to ORS 656.268 by sections 1 and 2 of this 2005 Act apply to notices of closure issued on or after January 1, 2006. [2005 c.221 §5]

Note: Section 7, chapter 461, Oregon Laws 2005, provides:

Sec. 7. The amendments to ORS 656.206, 656.268, 656.319 and 656.605 by sections 1 to 6 of this 2005 Act apply to all claims for which a notice of closure is issued under ORS 656.206 or 656.268 on or after the effective date of this 2005 Act [January 1, 2006]. [2005 c.461 §7]

Note: Section 2, chapter 624, Oregon Laws 2005, provides:

Sec. 2. The amendments to ORS 656.283 by section 1 of this 2005 Act apply to requests for hearing made on or after the effective date of this 2005 Act [January 1, 2006]. [2005 c.624 §2]

Note: Section 5, chapter 653, Oregon Laws 2005, provides:

Sec. 5. The amendments to ORS 656.214 and 656.726 by sections 1 and 3 of this 2005 Act apply to injuries occurring on or after January 1, 2006. [2005 c.653 §5]

Note: Section 8, chapter 675, Oregon Laws 2005, provides:

Sec. 8. The amendments to ORS 656.325 and 656.780 by sections 1, 2 and 3 of this 2005 Act apply to all claims in which an independent medical examination required under ORS 656.325 is scheduled on or after the effective date of this 2005 Act [January 1, 2006]. [2005 c.675 §8]

Note: Section 3, chapter 17, Oregon Laws 2007, provides:

Sec. 3. (1) The amendments to ORS 656.298 (3) and (5) by section 1 of this 2007 Act apply to petitions for judicial review filed on or after the effective date of this 2007 Act [January 1, 2008].

(2) The provisions of ORS 656.298 (9) apply to petitions for judicial review pending with the appellate court on the effective date of this 2007 Act and to petitions for judicial review filed on or after the effective date of this 2007 Act. [2007 c.17 §3]

Note: Section 2, chapter 908, Oregon Laws 2007, provides:

Sec. 2. The amendments to ORS 656.386 by section 1 of this 2007 Act apply to workers’ compensation claims in which the order on the compensability of the claim denial has not become final on or before the effective date of this 2007 Act [January 1, 2008]. [2007 c.908 §2]

Note: Section 4, chapter 908, Oregon Laws 2007, provides:

Sec. 4. The amendments to ORS 656.388 by section 3 of this 2007 Act apply to all claims in which an order that grants attorney fees is issued after the effective date of this 2007 Act [January 1, 2008], regardless of the date of injury. [2007 c.908 §4]

Note: Section 6, chapter 526, Oregon Laws 2009, provides:

Sec. 6. Regardless of the date of injury, the amendments to ORS 656.262, 656.308, 656.382, 656.385 and 656.386 by sections 1 to 5 of this 2009 Act apply to all claims for which an order is issued on or after the effective date of this 2009 Act [January 1, 2010]. [2009 c.526 §6]

Note: Section 2, chapter 80, Oregon Laws 2011, provides:

Sec. 2. The amendments to ORS 656.313 by section 1 of this 2011 Act apply to settlements of workers’ compensation claims entered into on or after the effective date of this 2011 Act [January 1, 2012]. [2011 c.80 §2]

Note: Section 5, chapter 99, Oregon Laws 2011, provides:

Sec. 5. The amendments to ORS 656.206, 656.247, 656.268 and 656.325 by sections 1 to 4 of this 2011 Act apply to requests for reconsideration made on or after the effective date of this 2011 Act [January 1, 2012]. [2011 c.99 §5]

Note: Section 2, chapter 103, Oregon Laws 2013, provides:

Sec. 2. The amendments to ORS 656.340 by section 1 of this 2013 Act apply to all claims by workers who are eligible for or actively engaged in vocational training on or after the effective date of this 2013 Act [January 1, 2014]. [2013 c.103 §2]

Note: Section 2, chapter 488, Oregon Laws 2013, provides:

Sec. 2. The amendments to ORS 656.018 by section 1 of this 2013 Act apply to all claims or causes of action arising on or after the effective date of this 2013 Act [June 24, 2013].

[2013 c.488 §2]