ORS 656.225: Compensability of certain preexisting conditions.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
In accepted injury or occupational disease claims, disability solely caused by or medical services solely directed to a worker’s preexisting condition are not compensable unless: (1) In occupational disease or injury claims other than those involving a preexisting mental disorder, work conditions or events constitute the major contributing cause of a pathological worsening of the preexisting condition. (2) In occupational disease or injury claims involving a preexisting mental disorder, work conditions or events constitute the major contributing cause of an actual worsening of the preexisting condition and not just of its symptoms. (3) In medical service claims, the medical service is prescribed to treat a change in the preexisting condition as specified in subsection (1) or (2) of this section, and not merely as an incident to the treatment of a compensable injury or occupational disease. [1995 c.332 §3]
Administrative rules citing this section
- OAR 436-035-0014: Worsened Pre-existing Conditions — implements
- OAR 603-082-0010: Purpose — implements
- OAR 603-082-0020: Definitions — implements
This rule cites
No citations extracted.
Cited by
- ORS 656.206: Permanent total disability.
- ORS 656.245: Medical services to be provided; worker choice of provider; restrictions on providers outside managed care organizations; director exclusion of medical treatments; when workers to receive services as prescribed in managed care organization contract; provision of services by nurse practitioners and physician associates; administrative review of disapproved claims; rules.
- OAR 436-035-0007: Temporary rule language in effect until 10/04/2026. General Principles
- OAR 436-035-0014: Worsened Pre-existing Conditions
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors656.html