OAR 436-035-0014: Worsened Pre-existing Conditions

If a worsened pre-existing condition is compensable under ORS 656.225, a worker is eligible for an award for permanent disability caused by the worsened pre-existing condition. Example: (No apportionment) Compensable injury (remains major contributing cause): Herniated disk L5-S1/diskectomy. Pre-existing condition: arthritis (spine). Closing exam ROM = 10% (under these rules). Surgery (lumbar diskectomy) = 9%. Combine: 10% and 9% which equals 18% low back impairment due to this compensable injury. The worker is released to regular work. (Social-vocational factoring equals zero.)