2019 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 656 - Workers’ Compensation

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GENERAL PROVISIONS

Section 656.001 - Short title.
Section 656.002 [Amended by 1957 c.718 §1; 1959 c.448 §1; 1965 c.285 §4; 1967 c.341 §2; 1969 c.125 §1; 1969 c.247 §1; 1973 c.497 §1; 1973 c.620 §1; repealed by 1975 c.556 §1 (656.003 and 656.005 enacted in lieu of 656.002)]
Section 656.003 - Application of definitions to construction of chapter.
Section 656.004 [Repealed by 1981 c.535 §28 (656.012 enacted in lieu of 656.004)]
Section 656.005 - Definitions.
Section 656.006 - Effect on employers’ liability law.
Section 656.008 - Extension of laws relating to workers’ compensation to federal lands and projects within state.
Section 656.010 - Treatment by spiritual means.
Section 656.012 - Findings and policy.
Section 656.016 [1965 c.285 §5; 1967 c.341 §3; repealed by 1975 c.556 §20 (656.017 enacted in lieu of 656.016)]

COVERAGE

Section 656.017 - Employer required to pay compensation and perform other duties; state not authorized to be direct responsibility employer.
Section 656.018 - Effect of providing coverage; exclusive remedy.
Section 656.019 - Civil negligence action for claim denied on basis of failure to meet major contributing cause standard; statute of limitations.
Section 656.020 - Damage actions by workers against noncomplying employers; defenses outlawed.
Section 656.021 - Person performing work under ORS chapter 701 as subject employer.
Section 656.022 [Repealed by 1965 c.285 §95]
Section 656.023 - Who are subject employers.
Section 656.024 [Amended by 1959 c.448 §2; repealed by 1965 c.285 §95]
Section 656.025 - Individuals engaged in commuter ridesharing not subject workers; conditions.
Section 656.026 [Amended by 1957 c.440 §1; 1959 c.448 §3; repealed by 1965 c.285 §95]
Section 656.027 - Who are subject workers.
Section 656.028 [Amended by 1959 c.448 §4; repealed by 1965 c.285 §95]
Section 656.029 - Obligation of person awarding contract to provide coverage for workers under contract; exceptions; effect of failure to provide coverage.
Section 656.030 [Repealed by 1959 c.448 §14]
Section 656.031 - Coverage for municipal volunteer personnel.
Section 656.032 [Amended by 1959 c.451 §1; repealed by 1965 c.285 §95]
Section 656.033 - Coverage for participants in work experience or school directed professional training programs.
Section 656.034 [Amended by 1959 c.441 §1; 1959 c.448 §5; repealed by 1965 c.285 §95]
Section 656.035 - Status of workers in separate occupations of employer.
Section 656.036 [Amended by 1957 c.441 §2; 1959 c.448 §6; repealed by 1965 c.285 §95]
Section 656.037 - Exemption from coverage for persons engaged in certain real estate activities.
Section 656.038 [Repealed by 1965 c.285 §95]
Section 656.039 - Election of coverage for workers not subject to law; procedure; cancellation; election of coverage for home care workers and personal support workers.
Section 656.040 [Amended by 1959 c.448 §7; repealed by 1965 c.285 §95]
Section 656.041 - City or county may elect to provide coverage for adults in custody.
Section 656.042 [Amended by 1959 c.448 §8; repealed by 1965 c.285 §95]
Section 656.043 - Governmental agency paying wages responsible for providing coverage.
Section 656.044 - State Accident Insurance Fund Corporation may insure liability under Longshoremen’s and Harbor Workers’ Compensation Act; procedure; cancellation.
Section 656.046 - Coverage of persons in college work experience and professional education programs.
Section 656.052 - Prohibition against employment without coverage; proposed order declaring noncomplying employer; effect of failure to comply.
Section 656.054 - Claim of injured worker of noncomplying employer; procedure for disputing acceptance of claim; recovery of costs from noncomplying employer; restrictions.
Section 656.056 - Subject employers must post notice of manner of compliance.
Section 656.070 - Definitions for ORS 656.027, 656.070 and 656.075.
Section 656.075 - Exemption from coverage for newspaper carriers; casualty insurance and other requirements.
Section 656.082 [Repealed by 1965 c.285 §95]
Section 656.084 [Amended by 1959 c.448 §10; repealed by 1965 c.285 §95a]
Section 656.086 [Repealed by 1965 c.285 §95]
Section 656.088
Section 656.090 [Amended by 1953 c.673 §2; 1959 c.448 §11; repealed by 1965 c.285 §97]
Section 656.120 [1969 c.527 §3; repealed by 1979 c.815 §9]
Section 656.122 [Repealed by 1965 c.285 §95]
Section 656.124 [Amended by 1957 c.554 §1; repealed by 1965 c.285 §95]
Section 656.126 - Coverage while temporarily in or out of state; judicial notice of other state’s laws; agreements between states relating to conflicts of jurisdiction; limitation on compensation for claims in this state and other jurisdictions.
Section 656.128 - Sole proprietors, limited liability company members, partners, independent contractors may elect coverage by insurer; cancellation.
Section 656.130 [Amended by 1957 c.574 §3; repealed by 1959 c.448 §14]
Section 656.132 - Coverage of minors.
Section 656.135 - Coverage of deaf school work experience trainees.
Section 656.138 - Coverage of apprentices, trainees participating in related instruction classes.
Section 656.140 - Coverage of persons operating equipment for hire.
Section 656.152 [Amended by 1957 c.718 §2; repealed by 1965 c.285 §95]
Section 656.154 - Injury due to negligence or wrong of a person not in the same employ as injured worker; remedy against such person.
Section 656.156 - Intentional injuries.
Section 656.160 - Effect of incarceration on receipt of compensation.
Section 656.170 - Validity of provisions of certain collective bargaining agreements; alternative dispute resolution systems; exclusive medical service provider lists; authority of director.
Section 656.172 - Applicability of and criteria for establishing program under ORS 656.170.
Section 656.174 - Rules.
Section 656.202 - Compensation payable to subject worker in accordance with law in effect at time of injury; exceptions; notice regarding payment.

COMPENSATION AND MEDICAL BENEFITS

PROCEDURE FOR OBTAINING COMPENSATION

Section 656.262 - Processing of claims and payment of compensation; payment by employer; acceptance and denial of claim; penalties and attorney fees; cooperation by worker and attorney in claim investigation; rules.
Section 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.
Section 656.264 - Compensable injury, denied claim and other reports.
Section 656.265 - Notice of accident from worker.
Section 656.266 - Burden of proving compensability and nature and extent of disability.
Section 656.267 - Claims for new and omitted medical conditions.
Section 656.268 - Claim closure; termination of temporary total disability benefits; reconsideration of closure; medical arbiter to make findings of impairment for reconsideration; credit or offset for fraudulently obtained or overpaid benefits; rules.
Section 656.270 [1971 c.155 §2; 1977 c.804 §6; 1979 c.839 §5; 1990 c.2 §17; 1999 c.313 §6; repealed by 2009 c.36 §5]
Section 656.271 [1965 c.285 §32; 1969 c.171 §1; repealed by 1973 c.620 §4 (656.273 enacted in lieu of 656.271)]
Section 656.272 [Repealed by 1965 c.285 §95]
Section 656.273 - Aggravation for worsened conditions; procedure; limitations; additional compensation.
Section 656.274 [Repealed by 1965 c.285 §95]
Section 656.275 [1963 c.20 §2; repealed by 1965 c.285 §95]
Section 656.276 [Repealed by 1965 c.285 §95]
Section 656.277 - Request for reclassification of nondisabling claim; nondisabling claim procedure; attorney fees.
Section 656.278 - Board has continuing authority to alter earlier action on claim; limitations.
Section 656.280
Section 656.282 [Amended by 1957 c.455 §1; repealed by 1965 c.285 §95]
Section 656.283 - Hearing rights and procedure; rules; impeachment evidence; use of standards for evaluation of disability.
Section 656.284 [Amended by 1953 c.671 §2; 1955 c.718 §2; 1959 c.450 §4; repealed by 1965 c.285 §95]
Section 656.285 - Protection of witnesses at hearings.
Section 656.287 - Use of vocational reports in determining loss of earning capacity at hearing; rules.
Section 656.288 [Amended by 1957 c.288 §1; repealed by 1965 c.285 §95]
Section 656.289 - Orders of Administrative Law Judge; review; disposition of claim when compensability disputed; approval of director required for reimbursement of certain expenditures.
Section 656.290 [Amended by 1955 c.718 §3; repealed by 1965 c.285 §95]
Section 656.291 - Expedited Claim Service; jurisdiction; procedure; representation; rules.
Section 656.292
Section 656.294
Section 656.295 - Board review of Administrative Law Judge orders; application of standards for evaluation of disability.
Section 656.298 - Judicial review of board orders; settlement during pendency of petition for review.
Section 656.301 [Formerly 656.292; repealed by 1977 c.804 §55]
Section 656.304 - When acceptance of compensation precludes hearing.
Section 656.307 - Determination of issues regarding responsibility for compensation payment; mediation or arbitration procedure; rules.
Section 656.308 - Responsibility for payment of claims; effect of new injury; denial of responsibility; procedure for joining employers and insurers; attorney fees; limitation on filing claims subject to settlement agreement.
Section 656.310 - Presumption concerning notice of injury and self-inflicted injuries; reports as evidence.
Section 656.312
Section 656.313 - Stay of compensation pending request for hearing or review; procedure for denial of claim for medical services; reimbursement.
Section 656.314
Section 656.316
Section 656.318
Section 656.319 - Time within which hearing must be requested.
Section 656.320
Section 656.322
Section 656.324
Section 656.325 - Required medical examination; worker-requested examination; qualified physicians; claimant’s duty to reduce disability; suspension or reduction of benefits; cessation or reduction of temporary total disability benefits; rules; penalties.
Section 656.326
Section 656.327 - Review of medical treatment of worker; findings; review; costs.
Section 656.328 - List of authorized providers and standards of professional conduct for providers of independent medical examinations; exclusion; complaints; rules.
Section 656.329 [1987 c.884 §33; repealed by 1995 c.94 §1]
Section 656.330 [1977 c.868 §2; repealed by 1985 c.660 §2 and 1985 c.770 §5]
Section 656.331 - Contact, medical examination of worker represented by attorney prohibited without written notice; rules.
Section 656.335 [1981 c.723 §7; 1985 c.600 §3; 1985 c.770 §7a; repealed by 1995 c.332 §68]
Section 656.340 - Vocational assistance procedure; eligibility criteria; service providers; resolution of vocational assistance disputes; rules.

DISCLOSURE OF WORKER MEDICAL AND VOCATIONAL CLAIM RECORDS

LEGAL REPRESENTATION

Section 656.382 - Penalties and attorney fees payable by insurer or employer in processing claim.
Section 656.383 - Attorney fees in cases prior to decision or after request for hearing.
Section 656.384 [Formerly 656.582; 1977 c.290 §4; 1977 c.804 §13; repealed by 1987 c.250 §1]
Section 656.385 - Attorney fees in cases regarding certain medical service or vocational rehabilitation matters; rules; limitation; penalties.
Section 656.386 - Recovery of attorney fees, expenses and costs in appeal on denied claim; attorney fees in other cases.
Section 656.388 - Approval of attorney fees required; lien for fees; fee schedule; adjustment; report of legal service costs.
Section 656.390 - Frivolous appeals, hearing requests or motions; expenses and attorney fee.
Section 656.401 [1965 c.285 §74; 1967 c.359 §699; repealed by 1975 c.556 §25 (656.403 enacted in lieu of 656.401)]
Section 656.402

SELF-INSURED AND CARRIER-INSURED EMPLOYERS; INSURERS

Section 656.403 - Obligations of self-insured employer.
Section 656.404 [Repealed by 1959 c.449 §5]
Section 656.405 [1965 c.285 §75(1); 1967 c.359 §700; repealed by 1975 c.556 §54]
Section 656.406
Section 656.407 - Qualifications of insured employers.
Section 656.408
Section 656.409 [1965 c.285 §75(2),(3); repealed by 1975 c.556 §54]
Section 656.410
Section 656.411 [1975 c.556 §28; 1979 c.348 §1; repealed by 1981 c.854 §1]
Section 656.412
Section 656.413 [1965 c.285 §76(1),(2); repealed by 1975 c.556 §54]
Section 656.414
Section 656.415 [1975 c.556 §30; repealed by 1981 c.854 §1]
Section 656.416
Section 656.417 [1965 c.285 §76 (3),(8); 1967 c.341 §6; repealed by 1975 c.556 §54]
Section 656.418 [Repealed by 1965 c.285 §95]
Section 656.419 - Workers’ compensation insurance contracts.
Section 656.420
Section 656.421 [1965 c.285 §76(4),(5),(6),(7); repealed by 1975 c.556 §54]
Section 656.422 [Amended by 1959 c.450 §5; repealed by 1965 c.285 §95]
Section 656.423 - Cancellation of coverage by employer; notice required.
Section 656.424
Section 656.425 [1965 c.285 §76a; repealed by 1975 c.556 §54]
Section 656.426
Section 656.427 - Termination of workers’ compensation insurance contract or surety bond liability by insurer.
Section 656.428 [Amended by 1957 c.440 §3; repealed by 1965 c.285 §95]
Section 656.429 [1965 c.285 §77; repealed by 1975 c.556 §54]
Section 656.430 - Certification of self-insured employer; employer groups; insurance policy requirements; revocation of certification; rules.
Section 656.431 [1965 c.285 §78; 1973 c.620 §6; repealed by 1975 c.556 §54]
Section 656.432 [1977 c.659 §2; 1979 c.815 §8; repealed by 1981 c.854 §1]
Section 656.434 - Certification effective until canceled or revoked; revocation of certificate.
Section 656.440 - Notice of certificate revocation; appeal; effective date.
Section 656.441 - Advancement of funds from Workers’ Benefit Fund for compensation due workers insured by certain decertified self-insured employer groups.
Section 656.442 [1967 c.341 §7; repealed by 1975 c.556 §54]
Section 656.443 - Procedure upon default by employer or self-insured employer group; rules.
Section 656.444 [1967 c.341 §9; repealed by 1975 c.556 §54]
Section 656.445 - Advancement of funds from Workers’ Benefit Fund for compensation due workers insured by insurer in default; limitations; rules.
Section 656.446 [1967 c.341 §10; repealed by 1975 c.556 §54]
Section 656.447 - Sanctions against insurer for failure to comply with contracts, orders or rules.
Section 656.451
Section 656.452
Section 656.454
Section 656.455 - Self-insured employers required to keep records of compensation claims; location and inspection; expenses of audits and inspections; rules.
Section 656.456
Section 656.458 [Repealed by 1965 c.285 §95]
Section 656.460
Section 656.462 [Amended by 1953 c.674 §13; repealed by 1965 c.285 §95]
Section 656.464
Section 656.466
Section 656.468
Section 656.470 [Repealed by 1953 c.674 §13]
Section 656.472
Section 656.474

CHARGES AGAINST EMPLOYERS AND WORKERS

Section 656.502 - "Fiscal year" defined.
Section 656.504 - Rates, charges, fees and reports by employers insured by State Accident Insurance Fund Corporation.
Section 656.505 - Estimate of payroll when employer fails to file payroll report; demand for and recovery of premiums and assessments.
Section 656.506 - Assessments for programs; setting assessment amount; determination by director of benefit level.
Section 656.507 [1953 c.679 §1; 1959 c.450 §7; repealed by 1965 c.285 §95]
Section 656.508 - Authority to fix premium rates for employers.
Section 656.509 [1973 c.614 §6; 1974 c.41 §9; repealed by 1974 c.41 §9]
Section 656.510 [Amended by 1957 c.440 §4; 1963 c.214 §1; 1965 c.546 §1; repealed by 1965 c.285 §95 and 1965 c.546 §4]
Section 656.512 [Amended by 1957 c.440 §5; repealed by 1965 c.285 §95]
Section 656.514 [Amended by 1965 c.546 §2; repealed by 1965 c.285 §95 and 1965 c.546 §4]
Section 656.516 [Amended by 1953 c.674 §13; 1957 c.453 §3; 1959 c.517 §4; 1963 c.323 §2; 1965 c.546 §3; repealed by 1965 c.285 §95 and 1965 c.546 §4]
Section 656.518 [Amended by 1957 c.440 §6; repealed by 1965 c.285 §95]
Section 656.520 [Amended by 1957 c.574 §7; repealed by 1965 c.285 §95]
Section 656.522 [Amended by 1965 c.285 §71a; repealed by 1981 c.854 §1 and 1981 c.876 §1]
Section 656.524 [Amended by 1979 c.562 §29; repealed by 1981 c.854 §1 and 1981 c.876 §1]
Section 656.526 - Distribution of dividends from surplus in Industrial Accident Fund.
Section 656.530 [1969 c.536 §2; 1971 c.768 §2; 1975 c.556 §43; 1981 c.535 §23; 1990 c.2 §32; 1991 c.93 §10; 1995 c.641 §7; repealed by 1999 c.273 §1]
Section 656.532 [1987 c.884 §40; repealed by 1993 c.760 §4]
Section 656.535 [1973 c.669 §2; repealed by 1973 c.669 §4]
Section 656.536 - Premium charges for coverage of reforestation cooperative workers based on prevailing wage; manner of determining prevailing wage.
Section 656.538 [1983 c.816 §11; 1987 c.373 §§35,35a; 1987 c.884 §21; 1990 c.2 §33; repealed by 1993 c.760 §4]

ENFORCEMENT OF PREMIUM PAYMENTS

RECOVERY AGAINST THIRD PERSONS AND NONCOMPLYING EMPLOYERS

FUNDS; SOURCE; INVESTMENT; DISBURSEMENT

Section 656.602 - Disbursement procedures.
Section 656.604 [Formerly 656.474; repealed by 1987 c.373 §85]
Section 656.605 - Workers’ Benefit Fund; uses and limitations.
Section 656.612 - Assessments for department activities; amount; collection procedure.
Section 656.614 - Self-Insured Employer Adjustment Reserve; Self-Insured Employer Group Adjustment Reserve.
Section 656.616 [Formerly 344.810; repealed by 1985 c.600 §15]
Section 656.618 [1965 c.285 §67e; 1977 c.804 §19; repealed by 1987 c.373 §85]
Section 656.620 [1965 c.285 §67f; 1977 c.804 §20; 1979 c.839 §14; repealed by 1987 c.373 §85]
Section 656.622 - Reemployment Assistance Program; claim data not to be used for insurance rating; rules.
Section 656.624 [Formerly 656.584; 1983 c.740 §244; repealed by 1987 c.250 §1]
Section 656.625 - Reopened Claims Program; rules.
Section 656.628 - Workers with Disabilities Program; use of funds; conditions and limitations; rules.
Section 656.630 - Oregon Institute of Occupational Health Sciences funding; report of activities.
Section 656.632 - Industrial Accident Fund.
Section 656.634 - Trust fund status of Industrial Accident Fund.
Section 656.635 - Reserve accounts in Industrial Accident Fund.
Section 656.636 - Reserves in Industrial Accident Fund for awards for permanent disability or death.
Section 656.637 [1979 c.334 §2; 1983 c.391 §3; repealed by 1985 c.739 §3]
Section 656.638 [Formerly 656.460; 1969 c.536 §4; 1971 c.768 §5; 1977 c.804 §22; repealed by 1981 c.854 §1]
Section 656.640 - Creation of reserves.
Section 656.642 - Emergency Fund.
Section 656.644 - Petty cash funds.
Section 656.646 [Formerly 656.558; repealed by 1981 c.876 §1]
Section 656.648 [1974 c.41 §12; repealed by 1981 c.854 §1 and 1981 c.876 §1]

ADMINISTRATION

INFORMATIONAL MATERIALS ABOUT WORKERS’ COMPENSATION SYSTEM

OCCUPATIONAL DISEASE LAW

Section 656.802 - Occupational disease; mental disorder; presumptions as to stress disorders; proof.
Section 656.804 - Occupational disease as an injury under Workers’ Compensation Law.
Section 656.806 [Repealed by 2005 c.221 §4]
Section 656.807 - Time for filing of claims for occupational disease; procedure.
Section 656.808 [Amended by 1957 c.559 §2; 1965 c.285 §88; repealed by 1973 c.543 §4]
Section 656.810 [Amended by 1959 c.351 §3; 1965 c.285 §89; repealed by 1973 c.543 §4]
Section 656.812 [Amended by 1959 c.351 §4; repealed by 1973 c.543 §4]
Section 656.814 [Amended by 1965 c.285 §90; repealed by 1973 c.543 §4]
Section 656.816 [Amended by 1959 c.351 §5; 1965 c.285 §91; repealed by 1973 c.543 §4]
Section 656.818 [Amended by 1959 c.351 §6; 1965 c.285 §92; repealed by 1973 c.543 §4]
Section 656.820 [Repealed by 1973 c.543 §4]
Section 656.822 [Amended by 1965 c.285 §92a; repealed by 1973 c.543 §4]
Section 656.824 [Repealed by 1981 c.854 §1]

WORKER LEASING COMPANIES

PENALTIES

Section 656.990 - Penalties.

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2019 Oregon Revised StatutesVolume : 16 - Trade Practices, Labor and EmploymentChapter 656 - Workers’ Compensation

2019 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 656 - Workers’ Compensation