OAR 436-035-0018: Death

(1) If a closing report has been completed. If the worker dies due to causes unrelated to the compensable injury and a closing report has been completed, the worker’s permanent disability must be determined based on the closing report. (2) If a closing report has not been completed. If the worker dies due to causes unrelated to the compensable injury and a closing report has not been completed, findings of impairment and permanent work restrictions must be estimated. (a) The estimate must qualify as either a statement of no permanent disability under OAR 436-030-0020(2)(a) or a closing report under OAR 436-030-0020(2)(b). (b) If the worker was medically stationary at the time of death, the following applies: (A) Findings of impairment and permanent work restrictions are determined based on an estimate of the permanent disability that existed at the time the worker was medically stationary; and (B) The worker’s residual functional capacity is determined based on an estimate of the worker’s ability to perform work-related activities at the time the worker was medically stationary. (c) If the worker was not medically stationary at the time of death, the following applies: (A) Findings of impairment and permanent work restrictions are determined based on an estimate of the permanent disability that would have existed at the time the worker would have likely become medically stationary; and (B) The worker’s residual functional capacity is determined based on an estimate of the worker’s ability to perform work-related activities at the time the worker would have likely become medically stationary. (3) In claims where, at the time of death, there is a compensable condition that is medically stationary and a compensable condition that is not medically stationary, the conditions are rated under sections (1) and (2) of this rule, respectively. The adaptability factor is determined by comparing the adaptability values from sections (1) and (2) of this rule, and using the higher of the values for adaptability. (4) If the worker dies due to causes related to the compensable injury, death benefits are due under ORS 656.204 and 656.208.