75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2209
A-Engrossed
House Bill 2707
Ordered by the House May 5
Including House Amendments dated May 5
Sponsored by COMMITTEE ON BUSINESS AND LABOR
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Requires { - receipt of - } { + injured worker to provide,
within 60 days of request, + } verifiable documentation of wages
received from all subject employers of injured worker to
establish eligibility for supplemental temporary disability
benefits. Instructs Director of Department of Consumer and
Business Services to adopt rules for payment and reimbursement of
supplemental temporary disability benefits.
A BILL FOR AN ACT
Relating to supplemental temporary disability benefits in
workers' compensation claims; amending ORS 656.210.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 656.210, as amended by section 10, chapter 241,
Oregon Laws 2007, is amended to read:
656.210. (1) When the total disability is only temporary, the
worker shall receive during the period of that total disability
compensation equal to 66-2/3 percent of wages, but not more than
133 percent of the average weekly wage nor less than the amount
of 90 percent of wages a week or the amount of $50 a week,
whichever amount is less. Notwithstanding the limitation imposed
by this subsection, an injured worker who is not otherwise
eligible to receive an increase in benefits for the fiscal year
in which compensation is paid shall have the benefits increased
each fiscal year by the percentage which the applicable average
weekly wage has increased since the previous fiscal year.
(2)(a) For the purpose of this section, the weekly wage of
workers shall be ascertained:
(A) For workers employed in one job at the time of injury, by
multiplying the daily wage the worker was receiving by the number
of days per week that the worker was regularly employed; or
(B) For workers employed in more than one job at the time of
injury, by adding all earnings the worker was receiving from all
subject employment.
(b) Notwithstanding paragraph (a)(B) of this subsection, the
weekly wage calculated under paragraph (a)(A) of this subsection
shall be used for workers employed in more than one job at the
time of injury unless { - , - } { + the insurer, self-insured
employer or assigned claims agent for a noncomplying employer
receives + } { + :
(A) + } Within 30 days of receipt of the initial claim,
{ - the insurer, self-insured employer or assigned claims agent
for a noncomplying employer receives - } notice that the worker
was employed in more than one job with a subject employer at the
time of injury { + ; + } and { - receives verifiable
documentation of wages from such additional employment. - }
{ + (B) Verifiable documentation of wages from such
additional employment within 60 days of receipt by the worker of
a request for verification from the insurer, self-insured
employer or assigned claims agent for a noncomplying
employer. + }
(c) Notwithstanding ORS 656.005 (7)(c), an injury to a worker
employed in more than one job at the time of injury is not
disabling if no temporary disability benefits are payable for
time lost from the job at injury. Claim costs incurred as a
result of supplemental temporary disability benefits paid as
provided in subsection (5) of this section may not be included in
any data used for ratemaking or individual employer rating or
dividend calculations by an insurer, a rating organization
licensed pursuant to ORS chapter 737, the State Accident
Insurance Fund Corporation or the Department of Consumer and
Business Services if the injured worker is not eligible for
permanent disability benefits or temporary disability benefits
for time lost from the job at injury.
(d) For the purpose of this section:
(A) The benefits of a worker who incurs an injury shall be
based on the wage of the worker at the time of injury.
(B) The benefits of a worker who incurs an occupational disease
shall be based on the wage of the worker at the time there is
medical verification that the worker is unable to work because of
the disability caused by the occupational disease. If the worker
is not working at the time that there is medical verification
that the worker is unable to work because of the disability
caused by the occupational disease, the benefits shall be based
on the wage of the worker at the worker's last regular
employment.
(e) As used in this subsection, 'regularly employed' means
actual employment or availability for such employment. For
workers not regularly employed and for workers with no
remuneration or whose remuneration is not based solely upon daily
or weekly wages, the Director of the Department of Consumer and
Business Services, by rule, may prescribe methods for
establishing the worker's weekly wage.
(3) No disability payment is recoverable for temporary total or
partial disability suffered during the first three calendar days
after the worker leaves work or loses wages as a result of the
compensable injury unless the worker is totally disabled after
the injury and the total disability continues for a period of 14
consecutive days or unless the worker is admitted as an inpatient
to a hospital within 14 days of the first onset of total
disability. If the worker leaves work or loses wages on the day
of the injury due to the injury, that day shall be considered the
first day of the three-day period.
(4) When an injured worker with an accepted disabling
compensable injury is required to leave work for a period of four
hours or more to receive medical consultation, examination or
treatment with regard to the compensable injury, the worker shall
receive temporary disability benefits calculated pursuant to ORS
656.212 for the period during which the worker is absent, until
such time as the worker is determined to be medically stationary.
However, benefits under this subsection are not payable if wages
are paid for the period of absence by the employer.
(5)(a) The insurer of the employer at injury or the
self-insured employer at injury, may elect to be responsible for
payment of supplemental temporary disability benefits to a worker
employed in more than one job at the time of injury. In
accordance with rules adopted by the director, if the worker's
weekly wage is determined under subsection (2)(a)(B) of this
section, the insurer or self-insured employer shall be reimbursed
from the Workers' Benefit Fund for the amount of temporary
disability benefits paid that exceeds the amount payable pursuant
to subsection (2)(a)(A) of this section had the worker been
employed in only one job at the time of injury. Such
reimbursement shall include an administrative fee payable to the
insurer or self-insured employer pursuant to rules adopted by the
director.
(b) If the insurer or self-insured employer elects not to pay
the supplemental temporary disability benefits for a worker
employed in more than one job at the time of injury, the director
shall either administer and pay the supplemental benefits
directly or shall assign responsibility to administer and process
the payment to a paying agent selected by the director.
{ + (6) The director shall adopt rules for the payment and
reimbursement of supplemental temporary disability benefits under
this section. + }
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