68th OREGON LEGISLATIVE ASSEMBLY--1996 Special 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 208

                        Senate Bill 1167

Sponsored by SPECIAL SESSION COMMITTEE ON CRIME AND CORRECTIONS


                             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 as
introduced.

  Prevents application of certain workers' compensation benefit
increases to injuries occurring before January 1, 2001.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to permanent partial disability benefits; and declaring
  an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this Act is added to and made a
part of ORS chapter 656. + }
  SECTION 2.  { + (1) Notwithstanding the provisions of section
66 (1), chapter 332, Oregon Laws 1995, that make retroactive in
application various provisions of chapter 332, Oregon Laws 1995,
the increase in the value per degree of permanent partial
disability benefits made by the amendments to ORS 656.214 (2),
(5) and (6) by section 17, chapter 332, Oregon Laws 1995, applies
only to a claim for an injury that occurs on or after January 1,
2001.
  (2)(a) Subsection (1) of this section does not affect any order
awarding permanent partial disability benefits at an increased
value per degree under the provisions of section 66 (1), chapter
332, Oregon Laws 1995, if the award was for an injury that
occurred before January 1, 1992, and the order became final
before the effective date of this 1996 Act.
  (b) An award of permanent partial disability described in
paragraph (a) of this subsection shall be paid to the worker at
the increased value per degree provided for in the provisions of
section 66 (1), chapter 332, Oregon Laws 1995. The additional
payment attributable to the increased value per degree shall not
be considered an overpayment and may not be recovered from the
worker in any manner.
  (3) Any order that has not become final before the effective
date of this 1996 Act that awarded permanent partial disability
benefits at the increased value per degree provided for in the
amendments to ORS 656.214 (2), (5) or (6) by section 17, chapter
332, Oregon Laws 1995, shall be adjusted to reflect the value per
degree that was in effect at the time of the injury. The
adjustment provided for in this subsection is automatic and
becomes operative on the effective date of this 1996 Act. If an
award is adjusted under the provisions of this subsection, any

payment made to a worker that is in excess of the adjusted amount
shall be considered an overpayment. + }
  SECTION 3.  { + This Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Act takes effect on its
passage. + }
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