Chapter 538 Oregon Laws 1999

Session Law

AN ACT

SB 729

Relating to temporary partial disability benefits in workers' compensation claims; creating new provisions; and amending ORS 656.212.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 656.212 is amended to read:

656.212. When the disability is or becomes partial only and is temporary in character:

(1) No disability payment is recoverable for temporary disability suffered during the first three calendar days after the worker leaves work or loses wages as a result of the compensable injury. 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.

(2) The payment of temporary total disability pursuant to ORS 656.210 shall cease and the worker shall receive [for an aggregate period not exceeding two years] that proportion of the payments provided for temporary total disability which the loss of wages bears to the wage used to calculate temporary total disability pursuant to ORS 656.210.

SECTION 2. ORS 656.212, as amended by section 16a, chapter 332, Oregon Laws 1995, is amended to read:

656.212. When the disability is or becomes partial only and is temporary in character:

(1) No disability payment is recoverable for temporary disability suffered during the first three calendar days after the worker leaves work or loses wages as a result of the compensable injury. 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.

(2) The payment of temporary total disability pursuant to ORS 656.210 shall cease and the worker shall receive [for an aggregate period not exceeding two years] that proportion of the payments provided for temporary total disability which the loss of earning power at any kind of work bears to the earning power existing at the time of the occurrence of the injury.

SECTION 3. Nothing in the amendments to ORS 656.212 by section 1 or 2 of this 1999 Act affects the operative or applicability date provisions of sections 16a and 66, chapter 332, Oregon Laws 1995.

SECTION 4. Sections 2 (amending ORS 656.212) and 3 of this 1999 Act are repealed.

Approved by the Governor July 8, 1999

Filed in the office of Secretary of State July 8, 1999

Effective date October 23, 1999

__________