Chapter 656 — Workers’
Compensation
2011 EDITION
WORKERS’ COMPENSATION
LABOR, EMPLOYMENT; UNLAWFUL
DISCRIMINATION
GENERAL PROVISIONS
656.001 Short
title
656.003 Application
of definitions to construction of chapter
656.005 Definitions
656.006 Effect
on employers’ liability law
656.008 Extension
of laws relating to workers’ compensation to federal lands and projects within
state
656.010 Treatment
by spiritual means
656.012 Findings
and policy
COVERAGE
656.017 Employer
required to pay compensation and perform other duties; state not authorized to
be direct responsibility employer
656.018 Effect
of providing coverage; exclusive remedy
656.019 Civil
negligence action for claim denied on basis of failure to meet major
contributing cause standard; statute of limitations
656.020 Damage
actions by workers against noncomplying employers;
defenses outlawed
656.021 Person
performing work under ORS chapter 701 as subject employer
656.023 Who
are subject employers
656.025 Individuals
engaged in commuter ridesharing not subject workers; conditions
656.027 Who
are subject workers
656.029 Obligation
of person awarding contract to provide coverage for workers under contract;
exceptions; effect of failure to provide coverage
656.031 Coverage
for municipal volunteer personnel
656.033 Coverage
for participants in work experience or school directed professional training
programs
656.035 Status
of workers in separate occupations of employer
656.037 Exemption
from coverage for persons engaged in certain real estate activities
656.039 Election
of coverage for workers not subject to law; procedure; cancellation; election
of coverage for home health care workers employed by clients of Department of
Human Services
656.041 City
or county may elect to provide coverage for jail inmates
656.043 Governmental
agency paying wages responsible for providing coverage
656.044 State
Accident Insurance Fund Corporation may insure liability under Longshoremen’s
and Harbor Workers’ Compensation Act; procedure; cancellation
656.046 Coverage
of persons in college work experience and professional education programs
656.052 Prohibition
against employment without coverage; proposed order declaring noncomplying employer; effect of failure to comply
656.054 Claim
of injured worker of noncomplying employer; procedure
for disputing acceptance of claim; recovery of costs from noncomplying
employer; restrictions
656.056 Subject
employers must post notice of manner of compliance
656.070 Definitions
for ORS 656.027, 656.070 and 656.075
656.075 Exemption
from coverage for newspaper carriers; casualty insurance and other requirements
656.126 Coverage
while temporarily in or out of state; judicial notice of other state’s laws;
agreements between states relating to conflicts of jurisdiction; limitation on
compensation for claims in this state and other jurisdictions
656.128 Sole
proprietors, limited liability company members, partners, independent
contractors may elect coverage by insurer; cancellation
656.132 Coverage
of minors
656.135 Coverage
of deaf school work experience trainees
656.138 Coverage
of apprentices, trainees participating in related instruction classes
656.140 Coverage
of persons operating equipment for hire
656.154 Injury
due to negligence or wrong of a person not in the same employ as injured
worker; remedy against such person
656.156 Intentional
injuries
656.160 Effect
of incarceration on receipt of compensation
656.170 Validity
of provisions of certain collective bargaining agreements; alternative dispute
resolution systems; exclusive medical service provider lists; authority of
director
656.172 Applicability
of and criteria for establishing program under ORS 656.170
656.174 Rules
APPLICABILITY PROVISIONS
656.202 Compensation
payable to subject worker in accordance with law in effect at time of injury;
exceptions; notice regarding payment
Note Implementation
of 1990 Laws
Note Implementation
of 1995 Laws
Note Implementation
of 1997 Laws
Note Implementation
of 2001 Laws
Note Implementation
of 2003 Laws
Note Implementation
of 2005 Laws
Note Implementation
of 2007 Laws
Note Implementation
of 2009 Laws
Note Implementation
of 2011 Laws
COMPENSATION AND MEDICAL BENEFITS
656.204 Death
656.206 Permanent
total disability
656.208 Death
during permanent total disability
656.209 Offsetting
permanent total disability benefits against Social Security benefits
656.210 Temporary
total disability; payment during medical treatment; election; rules
656.211 “Average
weekly wage” defined
656.212 Temporary
partial disability
656.214 Permanent
partial disability
Note Benefits,
January 1, 1992, to December 31, 1995
Note Benefits,
January 1, 1996, to December 31, 1997
Note Benefits,
January 1, 1998, to October 23, 1999
Note Benefits,
January 1, 2000, to December 31, 2004
Note Benefits,
January 1, 2002, to December 31, 2004
656.216 Permanent
partial disability; method of payment; effect of prior receipt of temporary
disability payments
656.218 Continuance
of permanent partial disability payments to survivors; effect of death prior to
final claim disposition
656.222 Compensation
for additional accident
656.225 Compensability
of certain preexisting conditions
656.226 Cohabitants
and children entitled to compensation
656.228 Payments
directly to beneficiary or custodian
656.230 Lump
sum award payments
656.232 Payments
to aliens residing outside of United States
656.234 Compensation
not assignable nor to pass by operation of law; certain benefits subject to
support obligations
656.236 Compromise
and release of claim matters except for medical benefits; approval by
Administrative Law Judge or board; approval by director for certain reserve
reimbursements; restriction on charging costs to workers; restriction on joinder as parties for responsibility determinations
656.240 Deduction
of benefits from sick leave payments paid to employees
656.245 Medical
services to be provided; services by providers not members of managed care
organizations; authorizing temporary disability compensation and making finding
of impairment for disability rating purposes by certain providers; review of
disputed claims for medical services; rules
656.247 Payment
for medical services prior to claim acceptance or denial; review of disputed
services; duty of health benefit plan to pay for certain medical services in
denied claim
656.248 Medical
service fee schedules; basis of fees; application to service provided by
managed care organization; resolution of fee disputes; rules
656.250 Limitation
on compensability of physical therapist services
656.252 Medical
report regulation; rules; duties of attending physician or nurse practitioner;
disclosure of information; notice of changing attending physician or nurse
practitioner; copies of medical service billings to be furnished to worker
656.254 Medical
report forms; sanctions; procedure for declaring health care practitioner
ineligible for workers’ compensation reimbursement
656.256 Considerations
for rules regarding certain rural hospitals
656.258 Vocational
assistance service payments
656.260 Certification
procedure for managed health care provider; peer review, quality assurance,
service utilization and contract review; confidentiality of certain
information; immunity from liability; rules; medical service dispute
resolution; penalties
PROCEDURE FOR OBTAINING COMPENSATION
656.262 Processing
of claims and payment of compensation; payment by employer; acceptance and
denial of claim; penalties and attorney fees; cooperation by worker and
attorney in claim investigation; rules
656.263 To
whom notices sent under ORS 656.262, 656.265, 656.268 to 656.289, 656.295 to
656.325 and 656.382 to 656.388
656.264 Compensable
injury, denied claim and other reports
656.265 Notice
of accident from worker
656.266 Burden
of proving compensability and nature and extent of disability
656.267 Claims
for new and omitted medical conditions
656.268 Claim
closure; termination of temporary total disability benefits; reconsideration of
closure; medical arbiter to make findings of impairment for reconsideration;
credit or offset for fraudulently obtained or overpaid benefits; rules
656.273 Aggravation
for worsened conditions; procedure; limitations; additional compensation
656.277 Request
for reclassification of nondisabling claim; nondisabling claim procedure
656.278 Board
has continuing authority to alter earlier action on claim; limitations
656.283 Hearing
rights and procedure; rules; impeachment evidence; use of standards for
evaluation of disability
656.285 Protection
of witnesses at hearings
656.287 Use
of vocational reports in determining loss of earning capacity at hearing; rules
656.289 Orders
of Administrative Law Judge; review; disposition of claim when compensability
disputed; approval of director required for reimbursement of certain
expenditures
656.291 Expedited
Claim Service; jurisdiction; procedure; representation; rules
656.295 Board
review of Administrative Law Judge orders; application of standards for
evaluation of disability
656.298 Judicial
review of board orders; settlement during pendency of petition for review
656.304 When
acceptance of compensation precludes hearing
656.307 Determination
of issues regarding responsibility for compensation payment; mediation or
arbitration procedure; rules
656.308 Responsibility
for payment of claims; effect of new injury; denial of responsibility;
procedure for joining employers and insurers; attorney fees; limitation on
filing claims subject to settlement agreement
656.310 Presumption
concerning notice of injury and self-inflicted injuries; reports as evidence
656.313 Stay
of compensation pending request for hearing or review; procedure for denial of
claim for medical services; reimbursement
656.319 Time
within which hearing must be requested
656.325 Required
medical examination; worker-requested examination; qualified physicians;
claimant’s duty to reduce disability; suspension or reduction of benefits;
cessation or reduction of temporary total disability benefits; rules; penalties
656.327 Review
of medical treatment of worker; findings; review; costs
656.328 List
of authorized providers and standards of professional conduct for providers of
independent medical examinations; exclusion; complaints; rules
656.331 Contact,
medical examination of worker represented by attorney prohibited without written
notice; rules
656.340 Vocational
assistance procedure; eligibility criteria; service providers; resolution of
vocational assistance disputes; rules
DISCLOSURE OF WORKER MEDICAL AND
VOCATIONAL CLAIM RECORDS
656.360 Confidentiality
of worker medical and vocational claim records
656.362 Liability
for disclosure of worker medical and vocational claim records
LEGAL REPRESENTATION
656.382 Penalties
and attorney fees payable by insurer or employer in processing claim
656.385 Attorney
fees in cases regarding certain medical service or vocational rehabilitation
matters; rules; limitation; penalties
656.386 Recovery
of attorney fees, expenses and costs in appeal on denied claim; attorney fees
in other cases
656.388 Approval
of attorney fees required; lien for fees; fee schedule; report of legal service
costs
656.390 Frivolous
appeals, hearing requests or motions; expenses and attorney fee
SELF-INSURED AND CARRIER-INSURED
EMPLOYERS; INSURERS
656.403 Obligations
of self-insured employer
656.407 Qualifications
of insured employers; rules
656.419 Workers’
compensation insurance contracts
656.423 Cancellation
of coverage by employer; notice required
656.427 Termination
of workers’ compensation insurance contract or surety bond liability by
insurer; rules
656.430 Certification
of self-insured employer; employer groups; insurance policy requirements;
revocation of certification; rules
656.434 Certification
effective until canceled or revoked; revocation of certificate
656.440 Notice
of certificate revocation; appeal; effective date
656.443 Procedure
upon default by employer
656.445 Advancement
of funds from Workers’ Benefit Fund for compensation due workers insured by
insurer in default; limitations; rules
656.447 Sanctions
against insurer for failure to comply with contracts, orders or rules
656.455 Self-insured
employers required to keep records of compensation claims; location and
inspection; expenses of audits and inspections; rules
CHARGES AGAINST EMPLOYERS AND WORKERS
656.502 “Fiscal
year” defined
656.504 Rates,
charges, fees and reports by employers insured by State Accident Insurance Fund
Corporation
656.505 Estimate
of payroll when employer fails to file payroll report; demand for and recovery
of premiums and assessments
656.506 Assessments
for programs; setting assessment amount; determination by director of benefit
level
656.508 Authority
to fix premium rates for employers
656.526 Distribution
of dividends from surplus in Industrial Accident Fund
656.536 Premium
charges for coverage of reforestation cooperative workers based on prevailing
wage; manner of determining prevailing wage
ENFORCEMENT OF PREMIUM PAYMENTS
656.552 Deposit
of cash, bond or letter of credit to secure payment of employer’s premiums
656.554 Injunction
against employer failing to comply with deposit requirements
656.556 Liability
of person letting a contract for amounts due from contractor
656.560 Default
in payment of premiums, fees, assessments or deposit; remedies
656.562 Moneys
due Industrial Accident Fund as preferred claims; moneys due department as
taxes due state
656.564 Lien
for amounts due from employer on real property, improvements and equipment on
or with which labor is performed by workers of employer
656.566 Lien
on property of employer for amounts due
RECOVERY AGAINST THIRD PERSONS AND
NONCOMPLYING EMPLOYERS
656.576 “Paying
agency” defined
656.578 Workers’
election whether to sue third person or noncomplying
employer for damages
656.580 Payment
of compensation notwithstanding cause of action for damages; lien on cause of
action for compensation paid
656.583 Paying
agency may compel election and prompt action
656.587 Paying
agency must join in any compromise
656.591 Election
not to bring action operates as assignment of cause of action
656.593 Procedure
when worker elects to bring action; release of liability and lien of paying
agency in certain cases
656.595 Precedence
of cause of action; compensation paid or payable not to be an issue
656.596 Damage
recovery as offset against compensation; recovery procedure; notice to paying
agent
FUNDS; SOURCE; INVESTMENT; DISBURSEMENT
(General Provisions)
656.602 Disbursement
procedures
656.605 Workers’
Benefit Fund; uses and limitations
656.612 Assessments
for department activities; amount; collection procedure
656.614 Self-Insured
Employer Adjustment Reserve; Self-Insured Employer Group Adjustment Reserve
656.622 Reemployment
Assistance Program; claim data not to be used for insurance rating; rules
656.625 Reopened
Claims Program; rules
656.628 Workers
with Disabilities Program; use of funds; conditions and limitations; rules
656.630 Center
for Research on Occupational and Environmental Toxicology funding; report of
activities
(Industrial Accident Fund and Reserves)
656.632 Industrial
Accident Fund
656.634 Trust
fund status of Industrial Accident Fund
656.635 Reserve
accounts in Industrial Accident Fund
656.636 Reserves
in Industrial Accident Fund for awards for permanent disability or death
656.640 Creation
of reserves
(Other Funds)
656.642 Emergency
Fund
656.644 Petty
cash funds
ADMINISTRATION
(General Provisions)
656.702 Disclosure
of records of corporation, department and insurers
656.704 Actions
and orders regarding matters concerning claim and matters other than matters
concerning claim; authority of director and board; administrative and judicial
review; rules
656.708 Hearings
Division; duties
656.709 Ombudsman
for injured workers; ombudsman for small business; duties
656.712 Workers’
Compensation Board; members; qualifications; chairperson; confirmation; term;
vacancies
656.714 Removal
of board member
656.716 Board
members not to engage in political or business activity that interferes with
duties as board member; oath and bond required
656.718 Chairperson;
quorum; panels
656.720 Prosecution
and defense of actions by Attorney General and district attorneys
656.722 Authority
to employ subordinates
656.724 Administrative
Law Judges; appointment; qualifications; term; performance survey; removal
procedure
656.725 Duties
and status of Administrative Law Judges
656.726 Duties
and powers to carry out workers’ compensation and occupational safety laws;
rules
656.727 Rules
for administration of benefit offset
656.730 Assigned
risk plan
656.732 Power
to compel obedience to subpoenas and punish for misconduct
656.735 Civil
penalty for noncomplying employers; amount; liability
of partners and of corporate and limited liability company officers; effect of
final order; penalty as preferred claim; disposition of moneys collected
656.740 Review
of proposed order declaring noncomplying employer or nonsubjectivity determination; review of proposed
assessment or civil penalty; insurer as party; hearing
656.745 Civil
penalty for inducing failure to report claims; failure to pay assessments;
failure to comply with statutes, rules or orders; amount; procedure
656.750 Civil
penalty for failure to maintain records of compensation claims; amount;
disposition of funds
(State Accident Insurance Fund Corporation)
656.751 State
Accident Insurance Fund Corporation created; board; members’ qualifications;
terms; compensation; expenses; function; report
656.752 State
Accident Insurance Fund Corporation; purpose and functions
656.753 State
Accident Insurance Fund Corporation exempt from certain financial
administration laws; contracts with state agencies for services
656.754 Manager;
appointment; functions
656.758 Inspection
of books, records and payrolls; statement of employment data; civil penalty for
misrepresentation; failure to submit books for inspection and refusal to keep
correct payroll
656.772 Annual
audit of State Accident Insurance Fund Corporation by Secretary of State; scope
of review; report of audit
656.774 Annual
report by State Accident Insurance Fund Corporation to Secretary of State;
contents
656.776 Notice
to Secretary of State regarding action on audit report
(Claims Examiner Certification)
656.780 Certification
and training of claims examiners; records of certification and training of
examiners; department inspection of records; penalties; rules
(Reinsurance Program for Medical
Professional Liability Insurance)
(Temporary provisions relating to
reinsurance program for medical professional liability insurance are compiled
as notes following ORS 656.780)
(Advisory Committees)
656.790 Workers’
Compensation Management-Labor Advisory Committee; membership; duties; expenses
656.794 Advisory
committee on medical care; rules
INFORMATIONAL MATERIALS ABOUT WORKERS’
COMPENSATION SYSTEM
656.795 Informational
materials for nurse practitioners
656.797 Certification
by nurse practitioner of review of required materials
656.798 Duty
of insurer, self-insured employer and self-insured employer group to provide
information to director
656.799 Informational
materials for other health care professionals; certification of review of
materials
OCCUPATIONAL DISEASE LAW
656.802 Occupational
disease; mental disorder; proof
656.804 Occupational
disease as an injury under Workers’ Compensation Law
656.807 Time
for filing of claims for occupational disease; procedure
WORKER LEASING COMPANIES
656.850 License;
compliance with workers’ compensation and safety laws
656.855 Licensing
system for worker leasing companies; rules; dedication of moneys received
PENALTIES
656.990 Penalties
GENERAL PROVISIONS
656.001 Short title.
This chapter may be cited as the Workers’ Compensation Law. [1965 c.285 §1;
1977 c.109 §1]
656.002
[Amended by 1957 c.718 §1; 1959 c.448 §1; 1965 c.285 §4; 1967 c.341 §2; 1969
c.125 §1; 1969 c.247 §1; 1973 c.497 §1; 1973 c.620 §1; repealed by 1975 c.556 §1
(656.003, 656.005 enacted in lieu of 656.002)]
656.003 Application of definitions to
construction of chapter. Except where the context
otherwise requires, the definitions given in this chapter govern its construction.
[1975 c.556 §2 (enacted in lieu of 656.002)]
656.004
[Repealed by 1981 c.535 §28, (656.012 enacted in lieu of 656.004)]
656.005 Definitions.
(1) “Average weekly wage” means the Oregon average weekly wage in covered
employment, as determined by the Employment Department, for the last quarter of
the calendar year preceding the fiscal year in which the injury occurred.
(2)
“Beneficiary” means an injured worker, and the husband, wife, child or
dependent of a worker, who is entitled to receive payments under this chapter. “Beneficiary”
does not include:
(a)
A spouse of an injured worker living in a state of abandonment for more than
one year at the time of the injury or subsequently. A spouse who has lived
separate and apart from the worker for a period of two years and who has not
during that time received or attempted by process of law to collect funds for
support or maintenance is considered living in a state of abandonment.
(b)
A person who intentionally causes the compensable injury to or death of an
injured worker.
(3)
“Board” means the Workers’ Compensation Board.
(4)
“Carrier-insured employer” means an employer who provides workers’ compensation
coverage with the State Accident Insurance Fund Corporation or an insurer
authorized under ORS chapter 731 to transact workers’ compensation insurance in
this state.
(5)
“Child” includes a posthumous child, a child legally adopted prior to the
injury, a child toward whom the worker stands in loco parentis, a child born
out of wedlock and a stepchild, if such stepchild was, at the time of the
injury, a member of the worker’s family and substantially dependent upon the
worker for support. A dependent child who is an invalid is a child, for
purposes of benefits, regardless of age, so long as the child was an invalid at
the time of the accident and thereafter remains an invalid substantially
dependent on the worker for support. For purposes of this chapter, a dependent
child who is an invalid is considered to be a child under 18 years of age.
(6)
“Claim” means a written request for compensation from a subject worker or
someone on the worker’s behalf, or any compensable injury of which a subject
employer has notice or knowledge.
(7)(a)
A “compensable injury” is an accidental injury, or accidental injury to
prosthetic appliances, arising out of and in the course of employment requiring
medical services or resulting in disability or death; an injury is accidental
if the result is an accident, whether or not due to accidental means, if it is
established by medical evidence supported by objective findings, subject to the
following limitations:
(A)
No injury or disease is compensable as a consequence of a compensable injury
unless the compensable injury is the major contributing cause of the
consequential condition.
(B)
If an otherwise compensable injury combines at any time with a preexisting
condition to cause or prolong disability or a need for treatment, the combined
condition is compensable only if, so long as and to the extent that the
otherwise compensable injury is the major contributing cause of the disability
of the combined condition or the major contributing cause of the need for
treatment of the combined condition.
(b)
“Compensable injury” does not include:
(A)
Injury to any active participant in assaults or combats which are not connected
to the job assignment and which amount to a deviation from customary duties;
(B)
Injury incurred while engaging in or performing, or as the result of engaging
in or performing, any recreational or social activities primarily for the
worker’s personal pleasure; or
(C)
Injury the major contributing cause of which is demonstrated to be by a
preponderance of the evidence the injured worker’s consumption of alcoholic
beverages or the unlawful consumption of any controlled substance, unless the
employer permitted, encouraged or had actual knowledge of such consumption.
(c)
A “disabling compensable injury” is an injury which entitles the worker to
compensation for disability or death. An injury is not disabling if no temporary
benefits are due and payable, unless there is a reasonable expectation that
permanent disability will result from the injury.
(d)
A “nondisabling compensable injury” is any injury
which requires medical services only.
(8)
“Compensation” includes all benefits, including medical services, provided for
a compensable injury to a subject worker or the worker’s beneficiaries by an
insurer or self-insured employer pursuant to this chapter.
(9)
“Department” means the Department of Consumer and Business Services.
(10)
“Dependent” means any of the following-named relatives of a worker whose death
results from any injury: Father, mother, grandfather, grandmother, stepfather,
stepmother, grandson, granddaughter, brother, sister, half sister, half
brother, niece or nephew, who at the time of the accident, are dependent in
whole or in part for their support upon the earnings of the worker. Unless
otherwise provided by treaty, aliens not residing within the United States at
the time of the accident other than father, mother, husband, wife or children
are not included within the term “dependent.”
(11)
“Director” means the Director of the Department of Consumer and Business
Services.
(12)(a)
“Doctor” or “physician” means a person duly licensed to practice one or more of
the healing arts in any country or in any state, territory or possession of the
United States within the limits of the license of the licentiate.
(b)
Except as otherwise provided for workers subject to a managed care contract, “attending
physician” means a doctor, physician or physician assistant who is primarily
responsible for the treatment of a worker’s compensable injury and who is:
(A)
A medical doctor or doctor of osteopathy licensed under ORS 677.100 to 677.228
by the Oregon Medical Board, or a podiatric physician and surgeon licensed
under ORS 677.805 to 677.840 by the Oregon Medical Board, an oral and
maxillofacial surgeon licensed by the Oregon Board of Dentistry or a similarly
licensed doctor in any country or in any state, territory or possession of the
United States; or
(B)
For a cumulative total of 60 days from the first visit on the initial claim or
for a cumulative total of 18 visits, whichever occurs first, to any of the
medical service providers listed in this subparagraph, a:
(i) Doctor or physician licensed by the State Board of
Chiropractic Examiners for the State of Oregon under ORS chapter 684 or a
similarly licensed doctor or physician in any country or in any state,
territory or possession of the United States;
(ii)
Physician assistant licensed by the Oregon Medical Board in accordance with ORS
677.505 to 677.525 or a similarly licensed physician assistant in any country
or in any state, territory or possession of the United States; or
(iii)
Doctor of naturopathy or naturopathic physician licensed by the Oregon Board of
Naturopathic Medicine under ORS chapter 685 or a similarly licensed doctor or
physician in any country or in any state, territory or possession of the United
States.
(c)
Except as otherwise provided for workers subject to a managed care contract, “attending
physician” does not include a physician who provides care in a hospital
emergency room and refers the injured worker to a primary care physician for
follow-up care and treatment.
(d)
“Consulting physician” means a doctor or physician who examines a worker or the
worker’s medical record to advise the attending physician or nurse practitioner
authorized to provide compensable medical services under ORS 656.245 regarding
treatment of a worker’s compensable injury.
(13)(a)
“Employer” means any person, including receiver, administrator, executor or
trustee, and the state, state agencies, counties, municipal corporations,
school districts and other public corporations or political subdivisions, who
contracts to pay a remuneration for and secures the right to direct and control
the services of any person.
(b)
Notwithstanding paragraph (a) of this subsection, for purposes of this chapter,
the client of a temporary service provider is not the employer of temporary
workers provided by the temporary service provider.
(c)
As used in paragraph (b) of this subsection, “temporary service provider” has
the meaning for that term provided in ORS 656.850.
(14)
“Insurer” means the State Accident Insurance Fund Corporation or an insurer
authorized under ORS chapter 731 to transact workers’ compensation insurance in
this state or an assigned claims agent selected by the director under ORS
656.054.
(15)
“Consumer and Business Services Fund” means the fund created by ORS 705.145.
(16)
“Invalid” means one who is physically or mentally incapacitated from earning a
livelihood.
(17)
“Medically stationary” means that no further material improvement would
reasonably be expected from medical treatment, or the passage of time.
(18)
“Noncomplying employer” means a subject employer who
has failed to comply with ORS 656.017.
(19)
“Objective findings” in support of medical evidence are verifiable indications
of injury or disease that may include, but are not limited to, range of motion,
atrophy, muscle strength and palpable muscle spasm. “Objective findings” does
not include physical findings or subjective responses to physical examinations
that are not reproducible, measurable or observable.
(20)
“Palliative care” means medical service rendered to reduce or moderate
temporarily the intensity of an otherwise stable medical condition, but does
not include those medical services rendered to diagnose, heal or permanently
alleviate or eliminate a medical condition.
(21)
“Party” means a claimant for compensation, the employer of the injured worker
at the time of injury and the insurer, if any, of such employer.
(22)
“Payroll” means a record of wages payable to workers for their services and
includes commissions, value of exchange labor and the reasonable value of
board, rent, housing, lodging or similar advantage received from the employer.
However, “payroll” does not include overtime pay, vacation pay, bonus pay,
tips, amounts payable under profit-sharing agreements or bonus payments to
reward workers for safe working practices. Bonus pay is limited to payments
which are not anticipated under the contract of employment and which are paid
at the sole discretion of the employer. The exclusion from payroll of bonus
payments to reward workers for safe working practices is only for the purpose
of calculations based on payroll to determine premium for workers’ compensation
insurance, and does not affect any other calculation or determination based on
payroll for the purposes of this chapter.
(23)
“Person” includes partnership, joint venture, association, limited liability
company and corporation.
(24)(a)
“Preexisting condition” means, for all industrial injury claims, any injury,
disease, congenital abnormality, personality disorder or similar condition that
contributes to disability or need for treatment, provided that:
(A)
Except for claims in which a preexisting condition is arthritis or an arthritic
condition, the worker has been diagnosed with such condition, or has obtained
medical services for the symptoms of the condition regardless of diagnosis; and
(B)(i) In claims for an initial injury or omitted condition,
the diagnosis or treatment precedes the initial injury;
(ii)
In claims for a new medical condition, the diagnosis or treatment precedes the
onset of the new medical condition; or
(iii)
In claims for a worsening pursuant to ORS 656.273 or 656.278, the diagnosis or
treatment precedes the onset of the worsened condition.
(b)
“Preexisting condition” means, for all occupational disease claims, any injury,
disease, congenital abnormality, personality disorder or similar condition that
contributes to disability or need for treatment and that precedes the onset of
the claimed occupational disease, or precedes a claim for worsening in such claims
pursuant to ORS 656.273 or 656.278.
(c)
For the purposes of industrial injury claims, a condition does not contribute
to disability or need for treatment if the condition merely renders the worker
more susceptible to the injury.
(25)
“Self-insured employer” means an employer or group of employers certified under
ORS 656.430 as meeting the qualifications set out by ORS 656.407.
(26)
“State Accident Insurance Fund Corporation” and “corporation” mean the State
Accident Insurance Fund Corporation created under ORS 656.752.
(27)
“Subject employer” means an employer who is subject to this chapter as provided
by ORS 656.023.
(28)
“Subject worker” means a worker who is subject to this chapter as provided by
ORS 656.027.
(29)
“Wages” means the money rate at which the service rendered is recompensed under
the contract of hiring in force at the time of the accident, including
reasonable value of board, rent, housing, lodging or similar advantage received
from the employer, and includes the amount of tips required to be reported by
the employer pursuant to section 6053 of the Internal Revenue Code of 1954, as
amended, and the regulations promulgated pursuant thereto, or the amount of
actual tips reported, whichever amount is greater. The State Accident Insurance
Fund Corporation may establish assumed minimum and maximum wages, in conformity
with recognized insurance principles, at which any worker shall be carried upon
the payroll of the employer for the purpose of determining the premium of the
employer.
(30)
“Worker” means any person, including a minor whether lawfully or unlawfully
employed, who engages to furnish services for a remuneration, subject to the
direction and control of an employer and includes salaried, elected and
appointed officials of the state, state agencies, counties, cities, school
districts and other public corporations, but does not include any person whose
services are performed as an inmate or ward of a state institution or as part
of the eligibility requirements for a general or public assistance grant. For
the purpose of determining entitlement to temporary disability benefits or
permanent total disability benefits under this chapter, “worker” does not
include a person who has withdrawn from the workforce during the period for
which such benefits are sought.
(31)
“Independent contractor” has the meaning for that term provided in ORS 670.600.
[1975 c.556 §§2 to 19 (enacted in lieu of 656.002); 1977 c.109 §2; 1977 c.804 §1;
1979 c.839 §26; 1981 c.535 §30; 1981 c.723 §3; 1981 c.854 §2; 1983 c.740 §242;
1985 c.212 §1; 1985 c.507 §1; 1985 c.770 §1; 1987 c.373 §31; 1987 c.457 §1;
1987 c.713 §3; 1987 c.884 §25; 1989 c.762 §3; 1990 c.2 §3; 1993 c.739 §23; 1993
c.744 §18; 1995 c.93 §31; 1995 c.332 §1; 1997 c.491 §5; 2001 c.865 §1; 2003
c.811 §§1,2; 2007 c.241 §§6,7; 2007 c.252 §§1,2; 2007 c.365 §1; 2007 c.505 §§1,2;
2009 c.43 §§6,7; 2011 c.117 §1]
Note: See
notes under 656.202.
656.006 Effect on employers’ liability
law. This chapter does not abrogate the
rights of the employee under the present employers’ liability law, in all cases
where the employee, under this chapter is given the right to bring suit against
the employer of the employee for an injury.
656.008 Extension of laws relating to
workers’ compensation to federal lands and projects within state.
Where not inconsistent with the Constitution and laws of the United States, the
laws of this state relating to workers’ compensation and the duties and powers
of the Department of Consumer and Business Services hereby are extended to all
lands and premises owned or held by the United States of America by deed or act
of cession, by purchase or otherwise, which are within the exterior boundaries
of the State of Oregon and to all projects, buildings, constructions,
improvements and all property belonging to the United States within the
exterior boundaries of the State of Oregon in the same way and to the same
extent as if said premises and property were under the exclusive jurisdiction
of the State of Oregon. [Amended by 1977 c.804 §2]
656.010 Treatment by spiritual means.
Nothing in this chapter shall be construed to require a worker who in good
faith relies on or is treated by prayer or spiritual means by a duly accredited
practitioner of a well-recognized church to undergo any medical or surgical
treatment nor shall such worker or the dependents of the worker be deprived of
any compensation payments to which the worker would have been entitled if
medical or surgical treatment were employed, and the employer or insurance
carrier may pay for treatment by prayer or spiritual means. [1965 c.285 §41c]
656.012 Findings and policy.
(1) The Legislative Assembly finds that:
(a)
The performance of various industrial enterprises necessary to the enrichment
and economic well-being of all the citizens of this state will inevitably
involve injury to some of the workers employed in those enterprises;
(b)
The method provided by the common law for compensating injured workers involves
long and costly litigation, without commensurate benefit to either the injured
workers or the employers, and often requires the taxpayer to provide expensive
care and support for the injured workers and their dependents; and
(c)
An exclusive, statutory system of compensation will provide the best societal
measure of those injuries that bear a sufficient relationship to employment to
merit incorporation of their costs into the stream of commerce.
(2)
In consequence of these findings, the objectives of the Workers’ Compensation
Law are declared to be as follows:
(a)
To provide, regardless of fault, sure, prompt and complete medical treatment
for injured workers and fair, adequate and reasonable income benefits to
injured workers and their dependents;
(b)
To provide a fair and just administrative system for delivery of medical and
financial benefits to injured workers that reduces litigation and eliminates
the adversary nature of the compensation proceedings, to the greatest extent
practicable;
(c)
To restore the injured worker physically and economically to a self-sufficient
status in an expeditious manner and to the greatest extent practicable;
(d)
To encourage maximum employer implementation of accident study, analysis and
prevention programs to reduce the economic loss and human suffering caused by
industrial accidents; and
(e)
To provide the sole and exclusive source and means by which subject workers,
their beneficiaries and anyone otherwise entitled to receive benefits on
account of injuries or diseases arising out of and in the course of employment
shall seek and qualify for remedies for such conditions.
(3)
In recognition that the goals and objectives of this Workers’ Compensation Law
are intended to benefit all citizens, it is declared that the provisions of
this law shall be interpreted in an impartial and balanced manner. [1981 c.535 §29
(enacted in lieu of 656.004); 1995 c.332 §4; amendments by 1995 c.332 §4a
repealed by 1999 c.6 §1; amendments by 1999 c.6 §3 repealed by 2001 c.865 §23]
Note: See
notes under 656.202.
656.016 [1965
c.285 §5; 1967 c.341 §3; repealed by 1975 c.556 §20 (656.017 enacted in lieu of
656.016)]
COVERAGE
656.017 Employer required to pay
compensation and perform other duties; state not authorized to be direct
responsibility employer. (1) Every employer subject to
this chapter shall maintain assurance with the Director of the Department of
Consumer and Business Services that subject workers of the employer and their
beneficiaries will receive compensation for compensable injuries as provided by
this chapter and that the employer will perform all duties and pay other
obligations required under this chapter, by qualifying:
(a)
As a carrier-insured employer; or
(b)
As a self-insured employer as provided by ORS 656.407.
(2)
Notwithstanding ORS chapter 278, this state shall provide compensation
insurance for its employees through the State Accident Insurance Fund
Corporation.
(3)
Any employer required by the statutes of this state other than this chapter or
by the rules, regulations, contracts or procedures of any agency of the federal
government, this state or a political subdivision of this state to provide or
agree to provide workers’ compensation coverage, either directly or through
bond requirements, may provide such coverage by any method provided in this
section. [1975 c.556 §21 (enacted in lieu of 656.016); 1977 c.659 §1; 1979
c.815 §1; 1981 c.854 §3; 1985 c.731 §30]
656.018 Effect of providing coverage;
exclusive remedy. (1)(a) The liability of every
employer who satisfies the duty required by ORS 656.017 (1) is exclusive and in
place of all other liability arising out of injuries, diseases, symptom
complexes or similar conditions arising out of and in the course of employment
that are sustained by subject workers, the workers’ beneficiaries and anyone
otherwise entitled to recover damages from the employer on account of such
conditions or claims resulting therefrom,
specifically including claims for contribution or indemnity asserted by third
persons from whom damages are sought on account of such conditions, except as
specifically provided otherwise in this chapter.
(b)
This subsection shall not apply to claims for indemnity or contribution
asserted by a railroad, as defined in ORS 824.020, or by a corporation,
individual or association of individuals which is subject to regulation pursuant
to ORS chapter 757 or 759.
(c)
Except as provided in paragraph (b) of this subsection, all agreements or
warranties contrary to the provisions of paragraph (a) of this subsection
entered into after July 19, 1977, are void.
(2)
The rights given to a subject worker and the beneficiaries of the subject
worker under this chapter for injuries, diseases, symptom complexes or similar
conditions arising out of and in the course of employment are in lieu of any
remedies they might otherwise have for such injuries, diseases, symptom
complexes or similar conditions against the worker’s employer under ORS 654.305
to 654.336 or other laws, common law or statute, except to the extent the
worker is expressly given the right under this chapter to bring suit against
the employer of the worker for an injury, disease, symptom complex or similar
condition.
(3)
The exemption from liability given an employer under this section is also
extended to the employer’s insurer, the self-insured employer’s
claims administrator, the Department of Consumer and Business Services, and the
contracted agents, employees, officers and directors of the employer, the
employer’s insurer, the self-insured employer’s
claims administrator and the department, except that the exemption from liability
shall not apply:
(a)
Where the injury, disease, symptom complex or similar condition is proximately
caused by willful and unprovoked aggression by the person otherwise exempt
under this subsection;
(b)
Where the worker and the person otherwise exempt under this subsection are not
engaged in the furtherance of a common enterprise or the accomplishment of the
same or related objectives; or
(c)
Where the injury, disease, symptom complex or similar condition is proximately
caused by failure of the employer to comply with the notice posted pursuant to
ORS 654.082.
(4)
The exemption from liability given an employer under this section applies to a
worker leasing company and the client to whom workers are provided when the
worker leasing company and the client comply with ORS 656.850 (3).
(5)(a)
The exemption from liability given an employer under this section applies to a
temporary service provider, as that term is used in ORS 656.850, and also
extends to the client to whom workers are provided when the temporary service
provider complies with ORS 656.017.
(b)
The exemption from liability given a client under paragraph (a) of this
subsection is also extended to the client’s insurer, the self-insured client’s
claims administrator, the department, and the contracted agents, employees,
officers and directors of the client, the client’s insurer, the self-insured
client’s claims administrator and the department, except that the exemption
from liability shall not apply:
(A)
When the injury, disease, symptom complex or similar condition is proximately
caused by willful and unprovoked aggression by the person otherwise exempt
under this subsection;
(B)
When the worker and the person otherwise exempt under this subsection are not
engaged in the furtherance of a common enterprise or the accomplishment of the
same or related objectives; or
(C)
When the injury, disease, symptom complex or similar condition is proximately
caused by failure of the client to comply with the notice posted pursuant to
ORS 654.082.
(6)
Nothing in this chapter shall prohibit payment, voluntarily or otherwise, to
injured workers or their beneficiaries in excess of the compensation required
to be paid under this chapter.
(7)
The exclusive remedy provisions and limitation on liability provisions of this
chapter apply to all injuries and to diseases, symptom complexes or similar
conditions of subject workers arising out of and in the course of employment
whether or not they are determined to be compensable under this chapter. [1965
c.285 §6; 1975 c.115 §1; 1977 c.514 §1; 1977 c.804 §3a; 1987 c.447 §110; 1989
c.600 §1; 1993 c.628 §6; 1995 c.332 §5; amendments by 1995 c.332 §5a repealed
by 1999 c.6 §1; 1995 c.733 §76; 1997 c.275 §§6,7; 1997 c.491 §§1,2; amendments
by 1999 c.6 §4 repealed by 2001 c.865 §23]
Note: See
notes under 656.202.
656.019 Civil negligence action for claim
denied on basis of failure to meet major contributing cause standard; statute of
limitations. (1)(a) An injured worker may pursue a
civil negligence action for a work-related injury that has been determined to
be not compensable because the worker has failed to establish that a
work-related incident was the major contributing cause of the worker’s injury
only after an order determining that the claim is not compensable has become
final. The injured worker may appeal the compensability of the claim as
provided in ORS 656.298, but may not pursue a civil negligence claim against
the employer until the order affirming the denial has become final.
(b)
Nothing in this subsection grants a right for a person to pursue a civil
negligence action that does not otherwise exist in law.
(2)(a)
Notwithstanding any other statute of limitation provided in law, a civil
negligence action against an employer that arises because a workers’ compensation
claim has been determined to be not compensable because the worker has failed
to establish that a work-related incident was the major contributing cause of
the worker’s injury must be commenced within the later of two years from the
date of injury or 180 days from the date the order affirming that the claim is
not compensable on such grounds becomes final.
(b)
Notwithstanding paragraph (a) of this subsection, a person may not commence a
civil negligence action for a work-related injury that has been determined to
be not compensable because the worker has failed to establish that a
work-related incident was the major contributing cause of the worker’s injury,
if the period within which such action may be commenced has expired prior to
the filing of a timely workers’ compensation claim for the work-related injury.
[2001 c.865 §15]
656.020 Damage actions by workers against noncomplying employers; defenses outlawed.
Actions for damages may be brought by an injured worker or the legal
representative of the injured worker against any employer who has failed to
comply with ORS 656.017 or is in default under ORS 656.560. Except for the
provisions of ORS 656.578 to 656.593 and this section, such noncomplying
employer is liable as the noncomplying employer would
have been if this chapter had never been enacted. In such actions, it is no
defense for the employer to show that:
(1)
The injury was caused in whole or in part by the negligence of a fellow-servant
of the injured worker.
(2)
The negligence of the injured worker, other than a willful act committed for
the purpose of sustaining the injury, contributed to the accident.
(3)
The injured worker had knowledge of the danger or assumed the risk that
resulted in the injury. [1965 c.285 §7]
656.021 Person performing work under ORS
chapter 701 as subject employer.
Notwithstanding ORS 656.029 (1), a person who is licensed pursuant to an
application under ORS 701.046 and is acting under a contract to perform work
described by ORS chapter 701 shall be considered the subject employer for all
individuals employed by that person. [1989 c.870 §13; 1999 c.402 §7; 2007 c.836
§48]
656.022
[Repealed by 1965 c.285 §95]
656.023 Who are subject employers.
Every employer employing one or more subject workers in the state is subject to
this chapter. [1965 c.285 §8]
656.024
[Amended by 1959 c.448 §2; repealed by 1965 c.285 §95]
656.025 Individuals engaged in commuter
ridesharing not subject workers; conditions. (1)
For the purpose of this chapter, an individual is not a subject worker while
commuting in a voluntary commuter ridesharing arrangement unless:
(a)
The worker is reimbursed for travel expenses incurred therein;
(b)
The worker receives payment for commuting time from the employer; or
(c)
The employer makes an election to provide coverage for the worker pursuant to
ORS 656.039.
(2)
As used in this section “voluntary commuter ridesharing arrangement” means a
carpool or vanpool arrangement in which participation is not required as a
condition of employment and in which not more than 15 persons are transported
to and from their places of employment, in a single daily round trip where the
driver also is on the way to or from the driver’s place of employment. [1981
c.227 §4]
656.026
[Amended by 1957 c.440 §1; 1959 c.448 §3; repealed by 1965 c.285 §95]
656.027 Who are subject workers.
All workers are subject to this chapter except those nonsubject
workers described in the following subsections:
(1)
A worker employed as a domestic servant in or about a private home. For the
purposes of this subsection “domestic servant” means any worker engaged in
household domestic service by private employment contract, including, but not
limited to, home health workers.
(2)
A worker employed to do gardening, maintenance, repair, remodeling or similar
work in or about the private home of the person employing the worker.
(3)(a)
A worker whose employment is casual and either:
(A)
The employment is not in the course of the trade, business or profession of the
employer; or
(B)
The employment is in the course of the trade, business or profession of a nonsubject employer.
(b)
For the purpose of this subsection, “casual” refers only to employments where
the work in any 30-day period, without regard to the number of workers
employed, involves a total labor cost of less than $500.
(4)
A person for whom a rule of liability for injury or death arising out of and in
the course of employment is provided by the laws of the United States.
(5)
A worker engaged in the transportation in interstate commerce of goods, persons
or property for hire by rail, water, aircraft or motor vehicle, and whose
employer has no fixed place of business in this state.
(6)
Firefighter and police employees of any city having a population of more than
200,000 that provides a disability and retirement system by ordinance or
charter.
(7)(a)
Sole proprietors, except those described in paragraph (b) of this subsection.
When labor or services are performed under contract, the sole proprietor must
qualify as an independent contractor.
(b)
Sole proprietors actively licensed under ORS 671.525 or 701.021. When labor or
services are performed under contract for remuneration, notwithstanding ORS
656.005 (30), the sole proprietor must qualify as an independent contractor. Any
sole proprietor licensed under ORS 671.525 or 701.021 and involved in
activities subject thereto is conclusively presumed to be an independent
contractor.
(8)
Except as provided in subsection (23) of this section, partners who are not
engaged in work performed in direct connection with the construction,
alteration, repair, improvement, moving or demolition of an improvement on real
property or appurtenances thereto. When labor or services are performed under
contract, the partnership must qualify as an independent contractor.
(9)
Except as provided in subsection (25) of this section, members, including
members who are managers, of limited liability companies, regardless of the
nature of the work performed. However, members, including members who are managers,
of limited liability companies with more than one member, while engaged in work
performed in direct connection with the construction, alteration, repair,
improvement, moving or demolition of an improvement on real property or
appurtenances thereto, are subject workers. When labor or services are
performed under contract, the limited liability company must qualify as an
independent contractor.
(10)
Except as provided in subsection (24) of this section, corporate officers who
are directors of the corporation and who have a substantial ownership interest
in the corporation, regardless of the nature of the work performed by such
officers, subject to the following limitations:
(a)
If the activities of the corporation are conducted on land that receives farm
use tax assessment pursuant to ORS chapter 308A, corporate officer includes all
individuals identified as directors in the corporate bylaws, regardless of
ownership interest, and who are members of the same family, whether related by
blood, marriage or adoption.
(b)
If the activities of the corporation involve the commercial harvest of timber
and all officers of the corporation are members of the same family and are
parents, daughters or sons, daughters-in-law or sons-in-law or grandchildren,
then all such officers may elect to be nonsubject
workers. For all other corporations involving the commercial harvest of timber,
the maximum number of exempt corporate officers for the corporation shall be
whichever is the greater of the following:
(A)
Two corporate officers; or
(B)
One corporate officer for each 10 corporate employees.
(c)
When labor or services are performed under contract, the corporation must
qualify as an independent contractor.
(11)
A person performing services primarily for board and lodging received from any
religious, charitable or relief organization.
(12)
A newspaper carrier utilized in compliance with the provisions of ORS 656.070
and 656.075.
(13)
A person who has been declared an amateur athlete under the rules of the United
States Olympic Committee or the Canadian Olympic Committee and who receives no
remuneration for performance of services as an athlete other than board, room,
rent, housing, lodging or other reasonable incidental subsistence allowance, or
any amateur sports official who is certified by a recognized Oregon or national
certifying authority, which requires or provides liability and accident
insurance for such officials. A roster of recognized Oregon and national
certifying authorities will be maintained by the Department of Consumer and
Business Services, from lists of certifying organizations submitted by the
Oregon School Activities Association and the Oregon Park and Recreation
Society.
(14)
Volunteer personnel participating in the ACTION programs, organized under the
Domestic Volunteer Service Act of 1973, P.L. 93-113, known as the Foster
Grandparent Program and the Senior Companion Program, whether or not the
volunteers receive a stipend or nominal reimbursement for time and travel
expenses.
(15)
A person who has an ownership or leasehold interest in equipment and who
furnishes, maintains and operates the equipment. As used in this subsection “equipment”
means:
(a)
A motor vehicle used in the transportation of logs, poles or piling.
(b)
A motor vehicle used in the transportation of rocks, gravel, sand, dirt or
asphalt concrete.
(c)
A motor vehicle used in the transportation of property by a for-hire motor
carrier that is required under ORS 825.100 or 825.104 to possess a certificate
or permit or to be registered.
(16)
A person engaged in the transportation of the public for recreational
down-river boating activities on the waters of this state pursuant to a federal
permit when the person furnishes the equipment necessary for the activity. As
used in this subsection, “recreational down-river boating activities” means
those boating activities for the purpose of recreational fishing, swimming or
sightseeing utilizing a float craft with oars or paddles as the primary source
of power.
(17)
A person who receives no wage other than ski passes or other noncash
remuneration for performing volunteer:
(a)
Ski patrol activities; or
(b)
Ski area program activities sponsored by a ski area operator, as defined in ORS
30.970, or by a nonprofit corporation or organization.
(18)
A person 19 years of age or older who contracts with a newspaper publishing
company or independent newspaper dealer or contractor to distribute newspapers
to the general public and perform or undertake any necessary or attendant
functions related thereto.
(19)
A person performing foster parent or adult foster care duties pursuant to ORS
412.001 to 412.161 and 412.991 or ORS chapter 411, 418, 430 or 443.
(20)
A person performing services on a volunteer basis for a nonprofit, religious,
charitable or relief organization, whether or not such person receives meals or
lodging or nominal reimbursements or vouchers for meals, lodging or expenses.
(21)
A person performing services under a property tax work-off program established
under ORS 310.800.
(22)
A person who performs service as a caddy at a golf course in an established
program for the training and supervision of caddies under the direction of a
person who is an employee of the golf course.
(23)(a)
Partners who are actively licensed under ORS 671.525 or 701.021 and who have a
substantial ownership interest in a partnership. If all partners are members of
the same family and are parents, spouses, sisters, brothers, daughters or sons,
daughters-in-law or sons-in-law or grandchildren, all such partners may elect
to be nonsubject workers. For all other partnerships
licensed under ORS 671.510 to 671.760 or 701.021, the maximum number of exempt
partners shall be whichever is the greater of the following:
(A)
Two partners; or
(B)
One partner for each 10 partnership employees.
(b)
When labor or services are performed under contract for remuneration,
notwithstanding ORS 656.005 (30), the partnership qualifies as an independent
contractor. Any partnership licensed under ORS 671.525 or 701.021 and involved
in activities subject thereto is conclusively presumed to be an independent
contractor.
(24)(a)
Corporate officers who are directors of a corporation actively licensed under
ORS 671.525 or 701.021 and who have a substantial ownership interest in the
corporation, regardless of the nature of the work performed. If all officers of
the corporation are members of the same family and are parents, spouses,
sisters, brothers, daughters or sons, daughters-in-law or sons-in-law or
grandchildren, all such officers may elect to be nonsubject
workers. For all other corporations licensed under ORS 671.510 to 671.760 or
701.021, the maximum number of exempt corporate officers shall be whichever is
the greater of the following:
(A)
Two corporate officers; or
(B)
One corporate officer for each 10 corporate employees.
(b)
When labor or services are performed under contract for remuneration,
notwithstanding ORS 656.005 (30), the corporation qualifies as an independent
contractor. Any corporation licensed under ORS 671.525 or 701.021 and involved
in activities subject thereto is conclusively presumed to be an independent
contractor.
(25)(a)
Limited liability company members who are members of a company actively
licensed under ORS 671.525 or 701.021 and who have a substantial ownership
interest in the company, regardless of the nature of the work performed. If all
members of the company are members of the same family and are parents, spouses,
sisters, brothers, daughters or sons, daughters-in-law or sons-in-law or
grandchildren, all such members may elect to be nonsubject
workers. For all other companies licensed under ORS 671.510 to 671.760 or
701.021, the maximum number of exempt company members shall be whichever is the
greater of the following:
(A)
Two company members; or
(B)
One company member for each 10 company employees.
(b)
When labor or services are performed under contract for remuneration,
notwithstanding ORS 656.005 (30), the company qualifies as an independent
contractor. Any company licensed under ORS 671.525 or 701.021 and involved in
activities subject thereto is conclusively presumed to be an independent
contractor.
(26)
A person serving as a referee or assistant referee in a youth or adult
recreational soccer match whose services are retained on a match-by-match
basis.
(27)
A person performing language translator or interpreter services that are
provided for others through an agent or broker.
(28)
A person who operates, and who has an ownership or leasehold interest in, a
passenger motor vehicle that is operated as a taxicab or for nonemergency
medical transportation. As used in this subsection:
(a)
“Lease” means a contract under which the lessor
provides a vehicle to a lessee for consideration.
(b)
“Leasehold” includes, but is not limited to, a lease for a shift or a longer
period.
(c)
“Passenger motor vehicle that is operated as a taxicab” means a vehicle that:
(A)
Has a passenger seating capacity that does not exceed seven persons;
(B)
Is transporting persons, property or both on a route that begins or ends in
Oregon; and
(C)(i) Carries passengers for hire when the destination and
route traveled may be controlled by a passenger and the fare is calculated on
the basis of any combination of an initial fee, distance traveled or waiting
time; or
(ii)
Is in use under a contract to provide specific service to a third party to
transport designated passengers or to provide errand services to locations
selected by the third party.
(d)
“Passenger motor vehicle that is operated for nonemergency medical transportation”
means a vehicle that:
(A)
Has a passenger seating capacity that does not exceed seven persons;
(B)
Is transporting persons, property or both on a route that begins or ends in
Oregon; and
(C)
Provides medical transportation services under contract with or on behalf of a
mass transit or transportation district. [1965 c.285 §9; 1971 c.386 §1; 1977
c.683 §1; 1977 c.817 §2; 1977 c.835 §7; 1979 c.821 §1; 1981 c.225 §1; 1981
c.444 §1; 1981 c.535 §3; 1981 c.839 §1; 1983 c.341 §1; 1983 c.541 §1; 1983
c.579 §3; 1985 c.431 §1; 1985 c.706 §2; 1987 c.94 §168; 1987 c.414 §161; 1987
c.800 §2; 1989 c.762 §4; 1990 c.2 §4; 1991 c.469 §1; 1991 c.707 §1; 1993 c.18 §138a;
1993 c.494 §2; 1993 c.777 §10; 1995 c.93 §32; 1995 c.216 §§3,3a; 1995 c.332 §6;
1997 c.337 §1; 1999 c.314 §91; 1999 c.402 §8; 2001 c.363 §1; 2001 c.765 §4;
2003 c.677 §1; 2005 c.167 §1; 2007 c.465 §6; 2007 c.541 §9; 2007 c.721 §1; 2007
c.836 §49; 2008 c.32 §§2,3]
656.028
[Amended by 1959 c.448 §4; repealed by 1965 c.285 §95]
656.029 Obligation of person awarding
contract to provide coverage for workers under contract; exceptions; effect of
failure to provide coverage. (1) If a
person awards a contract involving the performance of labor where such labor is
a normal and customary part or process of the person’s trade or business, the
person awarding the contract is responsible for providing workers’ compensation
insurance coverage for all individuals, other than those exempt under ORS
656.027, who perform labor under the contract unless the person to whom the
contract is awarded provides such coverage for those individuals before labor
under the contract commences. If an individual who performs labor under the
contract incurs a compensable injury, and no workers’ compensation insurance
coverage is provided for that individual by the person who is charged with the
responsibility for providing such coverage before labor under the contract
commences, that person shall be treated as a noncomplying
employer and benefits shall be paid to the injured worker in the manner
provided in this chapter for the payment of benefits to the worker of a noncomplying employer.
(2)
If a person to whom the contract is awarded is exempt from coverage under ORS
656.027, and that person engages individuals who are not exempt under ORS
656.027 in the performance of the contract, that person shall provide workers’
compensation insurance coverage for all such individuals. If an individual who
performs labor under the contract incurs a compensable injury, and no workers’
compensation insurance coverage is provided for that individual by the person
to whom the contract is awarded, that person shall be treated as a noncomplying employer and benefits shall be paid to the
injured worker in the manner provided in this chapter for the payment of
benefits to the worker of a noncomplying employer.
(3)
As used in this section:
(a)
“Person” includes partnerships, joint ventures, associations, corporations,
limited liability companies, governmental agencies and sole proprietorships.
(b)
“Sole proprietorship” means a business entity or individual who performs labor
without the assistance of others. [1979 c.864 §2; 1981 c.725 §1; 1981 c.854 §4;
1983 c.397 §1; 1983 c.579 §2a; 1985 c.706 §1; 1989 c.762 §5; 1995 c.93 §34;
1995 c.332 §6a]
656.030 [Repealed
by 1959 c.448 §14]
656.031 Coverage for municipal volunteer
personnel. (1) Except as provided in ORS 404.215,
all municipal personnel, other than those employed full-time, part-time, or
substitutes therefor, shall, for the purpose of this
chapter, be known as volunteer personnel and shall not be considered as workers
unless the municipality has filed the election provided by this section.
(2)
The county, city or other municipality utilizing volunteer personnel as
specified in subsection (1) of this section may elect to have such personnel
considered as subject workers for purposes of this chapter. Such election shall
be made by filing a written application to the insurer, or in the case of a
self-insured employer, the Director of the Department of Consumer and Business
Services, that includes a resolution of the governing body declaring its intent
to cover volunteer personnel as provided in subsection (1) of this section and
a description of the work to be performed by such personnel. The application
shall also state the estimated total number of volunteer personnel on a roster
for each separate category for which coverage is elected. The county, city or
other municipality shall notify the insurer, or in the case of self-insurers,
the director, of changes in the estimated total number of volunteers.
(3)
Upon receiving the written application the insurer or self-insured employer may
fix assumed wage rates for the volunteer personnel, which may be used only for
purposes of computations under this chapter, and shall require the regular
payment of premiums or assessments based upon the estimated total numbers of
such volunteers carried on the roster for each category being covered. The
self-insured employer shall submit such assumed wage rates to the director. If
the director finds that the rates are unreasonable, the director may fix
appropriate rates to be used for purposes of this section.
(4)
The county, city or municipality shall maintain separate official membership
rosters for each category of volunteers. A certified copy of the official
membership roster shall be furnished the insurer or director upon request.
Persons covered under this section are entitled to the benefits of this chapter
and they are entitled to such benefits if injured as provided in ORS 656.202
while performing any duties arising out of and in the course of their
employment as volunteer personnel, if the duties being performed are among
those:
(a)
Described on the application of the county, city or municipality; and
(b)
Required of similar full-time paid employees.
(5)
The filing of claims for benefits under this section is the exclusive remedy of
a volunteer or a beneficiary of the volunteer for injuries compensable under
this chapter against the state, its political subdivisions, their officers,
employees, or any employer, regardless of negligence. [Formerly 656.088; 1969
c.527 §1; 1977 c.72 §1; 1979 c.815 §2; 1981 c.854 §5; 1981 c.874 §1; 2009 c.718
§14a]
656.032
[Amended by 1959 c.451 §1; repealed by 1965 c.285 §95]
656.033 Coverage for participants in work
experience or school directed professional training programs.
(1) All persons participating as trainees in a work experience program or
school directed professional education project of a school district as defined
in ORS 332.002 in which such persons are enrolled, including persons with
mental retardation in training programs, are considered as workers of the
district subject to this chapter for purposes of this section. Trainees placed
in a work experience program with their resident school district as the
training employer shall be subject workers under this section when the training
and supervision are performed by noninstructional
personnel.
(2)
A school district conducting a work experience program or school directed
professional education project shall submit a written statement to the insurer,
or in the case of self-insurers, the Director of the Department of Consumer and
Business Services, that includes a description of the work to be performed by
such persons and an estimate of the total number of persons enrolled.
(3)
The premium cost for coverage under this section shall be based on an assumed
hourly wage which is approved by the Director of the Department of Consumer and
Business Services. Such assumed wage is to be used only for calculation
purposes under this chapter and without regard to ORS chapter 652 or ORS
653.010 to 653.545 and 653.991. A self-insured district shall submit such
assumed wage rates to the director. If the director finds that the rates are
unreasonable, the director may fix appropriate rates to be used for purposes of
this section.
(4)
The school district shall furnish the insurer, or in the case of self-insurers,
the director, with an estimate of the total number of persons enrolled in its
work experience program or school directed professional education project and
shall notify the insurer or director of any significant changes therein.
Persons covered under this section are entitled to the benefits of this
chapter. However, such persons are not entitled to benefits under ORS 656.210
or 656.212. They are entitled to such benefits if injured as provided in ORS
656.156 and 656.202 while performing any duties arising out of and in the
course of their participation in the work experience program or school directed
professional education project, provided the duties being performed are among
those:
(a)
Described on the application of the school district; and
(b)
Required of similar full-time paid employees.
(5)
The filing of claims for benefits under this section is the exclusive remedy of
a trainee or a beneficiary of the trainee for injuries compensable under this
chapter against the state, its political subdivisions, the school district
board, its members, officers and employees, or any employer, regardless of
negligence.
(6)
The provisions of this section shall be inapplicable to any trainee who has
earned wages for such employment.
(7)
As used in this section, “school directed professional education project” means
an on-campus or off-campus project supervised by school personnel and which is
an assigned activity of a local professional education program approved
pursuant to operating procedures of the State Board of Education. A school
directed professional education project must be of a practicum experience
nature, performed outside of a classroom environment and extending beyond
initial instruction or demonstration activities. Such projects are limited to
logging, silvicultural thinning, slash burning, fire
fighting, stream enhancement, woodcutting, reforestation, tree surgery,
construction, printing and manufacturing involving formed metals.
(8)
Notwithstanding subsection (1) of this section, a school district may elect to
make trainees subject workers under this chapter for school directed
professional education projects not enumerated in subsection (7) of this
section by making written request to the district’s insurer, or in the case of
a self-insured district, the director, with coverage to begin no sooner than
the date the request is received by the insurer or director. The request for
coverage shall include a description of the work to be performed under the
project and an estimate of the number of participating trainees. The insurer or
director shall accept a request that meets the criteria of this section. [1967
c.374 §2; 1979 c.814 §2a; 1979 c.815 §3; 1981 c.874 §2; 1987 c.489 §1; 1989
c.491 §63; 1991 c.534 §1; 1995 c.343 §52; 2007 c.70 §285]
656.034
[Amended by 1959 c.441 §1; 1959 c.448 §5; repealed by 1965 c.285 §95]
656.035 Status of workers in separate
occupations of employer. If an employer is engaged in an
occupation in which the employer employs one or more subject workers and is
also engaged in a separate occupation in which there are no subject workers,
the employer is not subject to this chapter as to that separate occupation, nor
are the workers wholly engaged in that occupation subject to this chapter. [1965
c.285 §10]
656.036
[Amended by 1957 c.441 §2; 1959 c.448 §6; repealed by 1965 c.285 §95]
656.037 Exemption from coverage for
persons engaged in certain real estate activities.
A person contracting to pay remuneration for professional real estate activity
as defined in ORS chapter 696 to a qualified real estate broker or qualified
principal real estate broker, as defined in ORS 316.209, is not an employer of
that qualified broker under the Workers’ Compensation Law. A qualified real
estate broker or qualified principal real estate broker is not entitled to
benefits under the Workers’ Compensation Law unless such individual has
obtained coverage for such benefits pursuant to ORS 656.128. [1983 c.597 §5;
2001 c.300 §71]
656.038
[Repealed by 1965 c.285 §95]
656.039 Election of coverage for workers
not subject to law; procedure; cancellation; election of coverage for home
health care workers employed by clients of Department of Human Services.
(1) An employer of one or more persons defined as nonsubject
workers or not defined as subject workers may elect to make them subject
workers. If the employer is or becomes a carrier-insured employer, the election
shall be made by filing written notice thereof with the insurer with a copy to
the Director of the Department of Consumer and Business Services. The effective
date of coverage is governed by ORS 656.419 (3). If the employer is or becomes
a self-insured employer, the election shall be made by filing written notice
thereof with the director, the effective date of coverage to be the date
specified in the notice.
(2)
Any election under subsection (1) of this section may be canceled by written
notice thereof to the insurer or, in the case of a self-insured employer, by
notice thereof to the director. The cancellation is effective at 12 midnight
ending the day the notice is received by the insurer or the director, unless a
later date is specified in the notice. The insurer shall, within 10 days after
receipt of a notice of cancellation under this section, send a copy of the
notice to the director.
(3)
When necessary the insurer or the director shall fix assumed minimum or maximum
wages for persons made subject workers under this section.
(4)
Notwithstanding any other provision of this section, a person or employer not
subject to this chapter who elects to become covered may apply to an insurer
for coverage. An insurer other than the State Accident Insurance Fund
Corporation may provide such coverage. However, the State Accident Insurance
Fund Corporation shall accept any written notice filed and provide coverage as
provided in this section if all subject workers of the employers will be
insured with the State Accident Insurance Fund Corporation and the coverage of
those subject workers is not considered by the State Accident Insurance Fund
Corporation to be a risk properly assignable to the assigned risk pool.
(5)(a)
The Home Care Commission created by ORS 410.602 shall elect coverage on behalf
of clients of the Department of Human Services or the Oregon Health Authority
who employ home care workers to make home care workers subject workers if the
home care worker is funded by the state on behalf of the client.
(b)
As used in this subsection, “home care worker” has the meaning given that term
in ORS 410.600. [1965 c.285 §11; 1975 c.556 §22; 1979 c.839 §1; 1981 c.854 §6;
1983 c.816 §1; 1985 c.212 §2; 2007 c.241 §8; 2007 c.835 §1; 2010 c.100 §9]
656.040
[Amended by 1959 c.448 §7; repealed by 1965 c.285 §95]
656.041 City or county may elect to
provide coverage for jail inmates. (1) As used
in this section, unless the context requires otherwise:
(a)
“Authorized employment” means the employment of an inmate on work authorized by
the governing body of a city or county.
(b)
“Inmate” means a person sentenced by any court or legal authority, whether in
default of the payment of a fine or committed for a definite number of days, to
serve sentence in a city or county jail or other place of incarceration except
state and federal institutions. “Inmate” includes a person who performs
community service pursuant to ORS 137.128, whether or not the person is
incarcerated.
(2)
A city or county may elect to have inmates performing authorized employment
considered as subject workers of the city or county for purposes of this
chapter. Such election shall be made by a written application to the insurer,
or in the case of a self-insured employer, the Director of the Department of
Consumer and Business Services, that includes a resolution of the governing
body declaring its intent to cover inmates as provided in this section and a
description of the work to be performed by such inmates. The application shall
also state the estimated total number of inmates for which coverage is
requested. The county or city shall notify the insurer or director of changes
in the estimated total number of inmates performing authorized employment.
(3)
Upon receiving the written application the insurer or self-insured employer may
fix assumed wage rates for the inmates, which may be used only for purposes of
computations under this chapter, and shall require the regular payment of
premiums or assessments based upon the estimated total number of such inmates
for which coverage is requested. The self-insured employer shall submit such
assumed wage rates to the director. If the director finds that the rates are
unreasonable, the director may fix appropriate rates to be used for purposes of
this section.
(4)
The city or county shall maintain a separate list of inmates performing
authorized employment. A certified copy of the list shall be furnished the
insurer or director upon request. Inmates covered under this section are
entitled to the benefits of this chapter and they are entitled to such benefits
if injured as provided in ORS 656.202 while performing any duties arising out
of and in the course of their participation in the authorized employment,
provided the duties being performed are among those described on the
application of the city or county.
(5)
The filing of claims for benefits under this section is the exclusive remedy of
an inmate or a beneficiary of the inmate for injuries compensable under this
chapter against a city or county and its officers and employees, regardless of
negligence. [1967 c.472 §§2,3; 1977 c.807 §1; 1979 c.815 §4; 1981 c.854 §7;
1981 c.874 §3; 1983 c.706 §2]
656.042
[Amended by 1959 c.448 §8; repealed by 1965 c.285 §95]
656.043 Governmental agency paying wages
responsible for providing coverage. Except as
otherwise provided in ORS 656.029 to 656.033 and 656.041, but notwithstanding
any other provision of law, the state or any city, county, district, or agency
thereof, that pays the wages of a subject worker is responsible for providing
workers’ compensation insurance coverage for that worker. [1987 c.414 §183]
656.044 State Accident Insurance Fund
Corporation may insure liability under Longshoremen’s and Harbor Workers’
Compensation Act; procedure; cancellation. (1)
The State Accident Insurance Fund Corporation may insure Oregon employers
against their liability for compensation under the Longshoremen’s and Harbor
Workers’ Compensation Act (33 U.S.C. 901 to 950) or any Act amendatory or
supplementary thereto or in lieu thereof, as fully as any private insurance
carrier.
(2)
The State Accident Insurance Fund Corporation may, from time to time, fix rates
of contributions to be paid by such employers. These rates shall be based upon
the costs of inspection and other administration, the hazard of the occupation
and the accident experience of the employers. The State Accident Insurance Fund
Corporation may require a minimum annual premium, contributions, assessments
and fees from such employers.
(3)
All claims for compensation and other costs arising from such insurance shall
be paid from the Industrial Accident Fund.
(4)
The State Accident Insurance Fund Corporation or any employer may cancel any
insurance coverage issued under this section by giving notice as required by
the Longshoremen’s and Harbor Workers’ Compensation Act, or the rules or
regulations made in pursuance thereof. [Amended by 1965 c.285 §13; 1981 c.876 §2]
656.046 Coverage of persons in college
work experience and professional education programs.
(1) All persons registered at a college and participating as unpaid trainees in
a work experience program who are subject to the direction of noncollege-employed supervisors, and those trainees
participating in college directed professional education projects, are
considered workers of the college subject to this chapter for purposes of this
section. However, trainees who are covered by the Federal Employees
Compensation Act shall not be subject to the provisions of this section.
(2)
A college conducting a work experience program or college directed professional
education project shall submit a written statement to the insurer, or in the
case of self-insurers, to the Director of the Department of Consumer and
Business Services, that includes a description of the work to be performed by
such persons and an estimate of the total number of persons enrolled in the
program or project.
(3)
Persons covered under this section are entitled to the benefits of this
chapter. However, such persons are not entitled to benefits under ORS 656.210
or 656.212. They are entitled to such benefits if injured as provided in ORS
656.156 and 656.202 while performing any duties arising out of and in the
course of their participation in the work experience program or college
directed professional education project, provided the duties being performed
are among those:
(a)
Described on the application of the college; and
(b)
Required of similar full-time paid employees.
(4)
The filing of claims for benefits under this section is the exclusive remedy of
a trainee or a beneficiary of the trainee for injuries compensable under this
chapter against the state, its political subdivisions, the college district
board, members, officers and employees of the board or any employer, regardless
of negligence.
(5)
A college may elect to make trainees subject to this chapter for college
directed professional education projects not enumerated in subsection (8) of
this section or for work experience programs under the direction of
college-employed supervisors by filing a written request with the insurer of
the college, or in the case of self-insured colleges, with the director.
Coverage under such election shall become effective no sooner than the date of
receipt by the insurer. The coverage request shall include a description of the
work to be performed and an estimate of the number of participating trainees.
The insurer or director shall accept a request that meets the criteria of this
section.
(6)
The provisions of this section shall be inapplicable to any trainee who has
earned wages for such employment.
(7)
As used in this section, “college” means any community college district or
community college service district as defined in ORS chapter 341.
(8)
As used in this section, “college directed professional education project”
means an assigned on-campus or off-campus project that is a component of a
program approved by the college board or the operating procedures of the State
Board of Education and involves work that provides practical experience beyond
the initial instruction and demonstration phases, performed outside of the
college classroom or laboratory environment and requiring substantial hands-on
participation by trainees. Such projects are further limited to logging, silvicultural thinning, slash burning, fire fighting,
stream enhancement, woodcutting, reforestation, tree surgery, construction,
printing and manufacturing involving formed metals. [1991 c.534 §3; 1993 c.18 §139;
1995 c.343 §53]
656.052 Prohibition against employment
without coverage; proposed order declaring noncomplying
employer; effect of failure to comply. (1) No person
shall engage as a subject employer unless and until the person has provided
coverage pursuant to ORS 656.017 for subject workers the person employs.
(2)
Whenever the Director of the Department of Consumer and Business Services has
reason to believe that any person has violated subsection (1) of this section,
the director shall serve upon the person a proposed order declaring the person
to be a noncomplying employer and containing the
amount, if any, of civil penalty to be assessed pursuant to ORS 656.735 (1).
(3)
If any person fails to comply with ORS 656.017 after an order declaring the
person to be a noncomplying employer has become final
by operation of law or on appeal, the circuit court of the county in which the
person resides or in which the person employs workers shall, upon the
commencement of a suit by the director for that purpose, permanently enjoin the
person from employing subject workers without complying with ORS 656.017. Upon
the filing of such a suit, the court shall set a day for hearing and shall
cause notice thereof to be served upon the noncomplying
employer. The hearing shall be not less than five days from the service of the
notice.
(4)
The court may award reasonable attorney fees to the director if the director
prevails in an action under subsection (3) of this section. The court may award
reasonable attorney fees to a defendant who prevails in an action under
subsection (3) of this section if the court determines that the director had no
objectively reasonable basis for asserting the claim or no reasonable basis for
appealing an adverse decision of the trial court. [Amended by 1957 c.574 §2;
1965 c.285 §14; 1967 c.341 §4; 1973 c.447 §1; 1987 c.234 §1; 1990 c.2 §5; 1995
c.332 §6b; 1995 c.696 §43]
656.054 Claim of injured worker of noncomplying employer; procedure for disputing acceptance
of claim; recovery of costs from noncomplying
employer; restrictions. (1) A compensable injury to a
subject worker while in the employ of a noncomplying
employer is compensable to the same extent as if the employer had complied with
this chapter. The Director of the Department of Consumer and Business Services
shall refer the claim for such an injury to an assigned claims agent within 60
days of the date the director has notice of the claim. At the time of referral
of the claim, the director shall notify the employer in writing regarding the
referral of the claim and the employer’s right to object to the claim. A claim
for compensation made by such a worker shall be processed by the assigned
claims agent in the same manner as a claim made by a worker employed by a
carrier-insured employer, except that the time within which the first
installment of compensation is to be paid, pursuant to ORS 656.262 (4), shall
not begin to run until the director has referred the claim to the assigned
claims agent. At any time within which the claim may be accepted or denied as
provided in ORS 656.262, the employer may request a hearing to object to the
claim. If an order becomes final holding the claim to be compensable, the
employer is liable for all costs imposed by this chapter, including reasonable
attorney fees to be paid to the worker’s attorney for services rendered in
connection with the employer’s objection to the claim.
(2)
In addition to, and not in lieu of, any civil penalties assessed pursuant to
ORS 656.735, all costs to the Workers’ Benefit Fund incurred under subsection
(1) of this section shall be a liability of the noncomplying
employer. Such costs include compensation, disputed claim settlements pursuant
to ORS 656.289 and claim disposition agreements pursuant to ORS 656.236,
whether or not the noncomplying employer agrees and
executes such documents, reasonable administrative costs and claims processing
costs provided by contract, attorney fees related to compensability issues and
any attorney fees awarded to the claimant, but do not include assessments for
reserves in the Workers’ Benefit Fund. The director shall recover such costs
from the employer. The director periodically shall pay the assigned claims
agent from the Workers’ Benefit Fund for any costs the assigned claims agent
incurs under this section in accordance with the terms of the contract. When
the director prevails in any action brought pursuant to this subsection, the
director is entitled to recover from the noncomplying
employer court costs and attorney fees incurred by the director.
(3)
Periodically, or upon the request of a noncomplying
employer in a particular claim, the director shall audit the files of the State
Accident Insurance Fund Corporation and any assigned claims agents to validate
the amount reimbursed pursuant to subsection (2) of this section. The conditions
for granting or denying of reimbursement shall be specified in the contract
with the assigned claims agent. The contract at least shall provide for denial
of reimbursement if, upon such audit, any of the following are found to apply:
(a)
Compensation has been paid as a result of untimely, inaccurate, or improper
claims processing;
(b)
Compensation has been paid negligently for treatment of any condition unrelated
to the compensable condition;
(c)
The compensability of an accepted claim is questionable and the rationale for
acceptance has not been reasonably documented in accordance with generally
accepted claims management procedures;
(d)
The separate payments of compensation have not been documented in accordance
with generally accepted accounting procedures; or
(e)
The payments were made pursuant to a disposition agreement as provided by ORS
656.236 without the prior approval of the director.
(4)
The State Accident Insurance Fund Corporation and any assigned claims agent may
request review under ORS 656.704 of any disapproval of reimbursement made by
the director under this section.
(5)
Claims of injured workers of noncomplying employers
may be assigned and reassigned by the director for claims processing regardless
of the date of the worker’s injury.
(6)
In selecting an assigned claims agent, the director must consider the assigned
claims agent’s ability to deliver timely and appropriate benefits to injured
workers, the ability to control both claims cost and administrative cost and
such other factors as the director considers appropriate.
(7)
If no qualified entity agrees to be an assigned claims agent, the director may
require one or more of the three highest premium producing insurers to be
assigned claims agents. Notwithstanding any other provision of law, the
director’s selection of assigned claims agents shall be made at the sole
discretion of the director. Such selections shall not be subject to review by
any court or other administrative body.
(8)
Any assigned claims agent, except the State Accident Insurance Fund
Corporation, may employ legal counsel of its choice for representation under
this section.
(9)
As used in this section, “assigned claims agent” means an insurer, casualty
adjuster or a third party administrator with whom the director contracts to
manage claims of injured workers of noncomplying
employers. [Amended by 1959 c.448 §9; 1965 c.285 §15; 1967 c.341 §5; 1971 c.72 §1;
1973 c.447 §2; 1979 c.839 §2; 1981 c.854 §8; 1983 c.816 §2; 1987 c.234 §2; 1987
c.250 §3; 1991 c.679 §1; 1995 c.332 §7; 1995 c.641 §17; 1999 c.1020 §1; 2003
c.14 §399; 2003 c.170 §1; 2005 c.26 §1]
Note: See
notes under 656.202.
Note:
Section 9, chapter 332, Oregon Laws 1995, provides:
Sec. 9. The
amendments to ORS 656.054 by section 7 of this 1995 Act do not remove the
authority of the Director of the Department of Consumer and Business Services
to audit files of the State Accident Insurance Fund Corporation for claims
against noncomplying employers assigned to the State
Accident Insurance Fund Corporation prior to the effective date of this 1995
Act [June 7, 1995]. [1995 c.332 §9]
656.056 Subject employers must post notice
of manner of compliance. (1) All subject employers shall
display in a conspicuous manner about their works, and in a sufficient number
of places reasonably to inform their workers of the fact, printed notices
furnished by the Director of the Department of Consumer and Business Services
stating that they are subject to this chapter and the manner of their
compliance with this chapter.
(2)
No employer who is not currently a subject employer shall post or permit to
remain on or about the place of business or premises of the employer any notice
that the employer is subject to, and complying with, this chapter. [Amended by
1965 c.285 §16]
656.070 Definitions for ORS 656.027,
656.070 and 656.075. As used in ORS 656.027, 656.075
and this section:
(1)
“Newspaper” has the meaning for that term provided in ORS 193.010.
(2)
“Newspaper carrier” means an individual age 18 years or younger who contracts
with a newspaper publishing company or independent newspaper dealer or
contractor to distribute newspapers to the general public and performs or
undertakes any necessary or attendant functions related thereto, but receives
no salary or wages, other than sales incentives or bonuses, for the performance
of those duties from the newspaper publishing company or independent newspaper
dealer or contractor. “Newspaper carrier” includes any individual appointed or
utilized on a temporary basis by a newspaper carrier, a newspaper publishing
company or independent newspaper dealer or contractor to perform any or all of
the duties of a newspaper carrier. [1977 c.835 §3; 1981 c.535 §52]
656.075 Exemption from coverage for
newspaper carriers; casualty insurance and other requirements.
An individual qualifies for the exemption provided in ORS 656.027 only if the
newspaper publishing company or independent newspaper dealer or contractor
utilizing the individual:
(1)
Encourages any minor so utilized to remain in school and attend classes;
(2)
Encourages any minor so utilized to not allow newspaper carrier duties to
interfere with any school activities of the individual; and
(3)
Provides accident insurance coverage for the individual while the individual is
engaged in newspaper carrier duties that is at least equal to the following:
(a)
$250,000 unallocated hospital and medical benefits;
(b)
$10 per week lost time benefits for a period of 52 weeks; and
(c)
$5,000 accidental death and dismemberment benefit.
(4)
Provides the individual with a clear, written explanation or description of the
amount and the terms and conditions of the insurance coverage required by this
section, including a specific statement that the insurance coverage is in lieu
of benefits under the Workers’ Compensation Law. [1977 c.835 §4; 1981 c.535 §53]
656.082
[Repealed by 1965 c.285 §95]
656.084
[Amended by 1959 c.448 §10; repealed by 1965 c.285 §95a]
656.086
[Repealed by 1965 c.285 §95]
656.088
[Amended by 1955 c.320 §1; 1965 c.285 §17; renumbered 656.031]
656.090
[Amended by 1953 c.673 §2; 1959 c.448 §11; repealed by 1965 c.285 §97]
656.120 [1969
c.527 §3; repealed by 1979 c.815 §9]
656.122
[Repealed by 1965 c.285 §95]
656.124
[Amended by 1957 c.554 §1; repealed by 1965 c.285 §95]
656.126 Coverage while temporarily in or
out of state; judicial notice of other state’s laws; agreements between states
relating to conflicts of jurisdiction; limitation on compensation for claims in
this state and other jurisdictions. (1) If a
worker employed in this state and subject to this chapter temporarily leaves
the state incidental to that employment and receives an accidental injury
arising out of and in the course of employment, the worker, or beneficiaries of
the worker if the injury results in death, is entitled to the benefits of this
chapter as though the worker were injured within this state.
(2)
Any worker from another state and the employer of the worker in that other
state are exempted from the provisions of this chapter while that worker is
temporarily within this state doing work for the employer:
(a)
If that employer has furnished workers’ compensation insurance coverage under
the workers’ compensation insurance or similar laws of a state other than
Oregon so as to cover that worker’s employment while in this state;
(b)
If the extraterritorial provisions of this chapter are recognized in that other
state; and
(c)
If employers and workers who are covered in this state are likewise exempted
from the application of the workers’ compensation insurance or similar laws of
the other state.
The benefits under the workers’
compensation insurance Act or similar laws of the other state, or other
remedies under a like Act or laws, are the exclusive remedy against the
employer for any injury, whether resulting in death or not, received by the
worker while working for that employer in this state.
(3)
A certificate from the duly authorized officer of the Department of Consumer
and Business Services or similar department of another state certifying that
the employer of the other state is insured therein and has provided
extraterritorial coverage insuring workers while working within this state is
prima facie evidence that the employer carries that workers’ compensation
insurance.
(4)
Whenever in any appeal or other litigation the construction of the laws of
another jurisdiction is required, the courts shall take judicial notice
thereof.
(5)
The Director of the Department of Consumer and Business Services shall have
authority to enter into agreements with the workers’ compensation agencies of
other states relating to conflicts of jurisdiction where the contract of
employment is in one state and the injuries are received in the other state, or
where there is a dispute as to the boundaries or jurisdiction of the states and
when such agreements have been executed and made public by the respective state
agencies, the rights of workers hired in such other state and injured while
temporarily in Oregon, or hired in Oregon and injured while temporarily in
another state, or where the jurisdiction is otherwise uncertain, shall be
determined pursuant to such agreements and confined to the jurisdiction
provided in such agreements.
(6)
When a worker has a claim under the workers’ compensation law of another state,
territory, province or foreign nation for the same injury or occupational
disease as the claim filed in Oregon, the total amount of compensation paid or
awarded under such other workers’ compensation law shall be credited against
the compensation due under Oregon workers’ compensation law. The worker shall
be entitled to the full amount of compensation due under Oregon law. If Oregon
compensation is more than the compensation under another law, or compensation
paid the worker under another law is recovered from the worker, the insurer
shall pay any unpaid compensation to the worker up to the amount required by
the claim under Oregon law. [Amended by 1955 c.723 §1; 1957 c.474 §1; 1977
c.804 §4; 1989 c.684 §1; 1995 c.332 §10; 1997 c.234 §1]
656.128 Sole proprietors, limited
liability company members, partners, independent contractors may elect coverage
by insurer; cancellation. (1) Any person who is a sole
proprietor, or a member, including a member who is a manager, of a limited
liability company, or a member of a partnership, or an independent contractor
pursuant to ORS 670.600, may make written application to an insurer to become
entitled as a subject worker to compensation benefits. Thereupon, the insurer
may accept such application and fix a classification and an assumed monthly
wage at which such person shall be carried on the payroll as a worker for
purposes of computations under this chapter.