OAR 436-035-0009: Temporary rule language in effect until 10/04/2026. Calculating Disability Benefits (Date of Injury on or after 1/1/2005)

(1) Permanent impairment is expressed as a percent of the whole person and the impairment value will not exceed 100% of the whole person. (2) If the impairment results from injury to more than one extremity, area, or system, the whole person values for each are combined (not added) to arrive at a final impairment value. (3) Only permanent impairment is rated for those workers with a date of injury prior to January 1, 2006, and who: (a) Return to and are working at their regular work on the date of issuance; (b) The attending physician releases to regular work and the work is available, but the worker fails or refuses to return to that job; or (c) The attending physician releases to regular work, but the worker’s employment is terminated for cause unrelated to the injury. (4) Only permanent impairment is rated for those workers with a date of injury on or after January 1, 2006, and who have been released or returned to regular work by the attending physician. (5) To calculate the impairment benefit due to the worker, use the following steps: (a) Determine the percent of impairment under these rules. (b) Multiply the percent of impairment determined in (a) by 100 per ORS 656.214. (c) Multiply the result from (b) by the state’s average weekly wage at the time of injury as defined by ORS 656.005 and illustrated in Bulletin 111. (d) The result in (c) is the total impairment benefit, which is paid regardless of the worker’s return to work status. In the absence of social-vocational factoring as a result of the worker’s return to work status, this is also the permanent partial disability award.[Example not included. See ED. NOTE.] (6) If the worker has not met the return or release to regular work criteria in section (3) or (4) of this rule, the worker receives both an impairment and work disability benefit, and the total permanent partial disability award is calculated as follows. (a) Determine the percent of impairment as a whole person (WP) value under these rules. (b) Determine the social-vocational factor, under OAR 436-035-0012, and add it to (a). (c) Multiply the result from (b) by 150 per ORS 656.214. (d) Multiply the result from (c) by worker’s average weekly wage as calculated under ORS 656.210. (A) Supplemental disability is not considered in the determination of the worker’s average weekly wage when calculating work disability. (B) The worker’s average weekly wage can be no less than 50% and no more than 133% of the state’s average weekly wage at the time of injury when determining work disability benefits. (e) Add the result from (d) to the impairment benefit value, which would be calculated using the method in section (4) of this rule. (f) The result from (e) is the permanent partial disability award that would be due the worker. [Example not included. See ED. NOTE.] [ED. NOTE: Examples referenced are available from the agency.]