Oregon Administrative Code

436-030-0575 Audits (1) Notices of Closure and supporting documentation including, but not limited to, the Notice of Closure Worksheet (Form 2807) upon which the Notice of Closure is based, will be subject to periodic audit by the director. Supporting documentation and records mu…

436-030-0580 Penalties and Sanctions (1) Under ORS 656.745, the director or designee may assess a civil penalty against an employer or insurer who fails to comply with the statutes, rules, or orders of the director regarding reports or other requirements necessary to carry out th…

436-035-0001 Authority for Rules These rules are promulgated under the Director’s authority contained in ORS 656.726(4). Statutory/Other Authority: ORS 656.726 Statutes/Other Implemented: ORS 656.005, 656.214, 656.268 & 656.726 History: WCD 2-2003, f. 1-15-03 cert. ef. 2-1-03 WCD…

436-035-0002 Purpose of Rules These rules establish standards for rating permanent disability under the Workers’ Compensation Act. These standards are written to reflect the criteria for rating outlined in ORS chapter 656 and assign values for disabilities that are applied consis…

436-035-0003 Applicability of Rules (1) These rules apply to the rating of permanent disability under ORS chapter 656 and to all claims closed on or after the effective date of these rules for workers medically stationary on or after June 7, 1995. (2) The rules adopted by WCD Adm…

436-035-0005 Definitions As used in OAR 436-035-0001 through 436-035-0500, unless the context requires otherwise: (1) “Activities of daily living (ADL)” include, but are not limited to, the following personal activities required by an individual for continued well-being: eating/n…

436-035-0006 Determination of Benefits for Disability Caused by the Compensable Injury (1) In initial injury claims. In an initial injury claim, permanent disability caused by the compensable injury includes disability caused by: (a) An accepted condition; or (b) A direct medical…

436-035-0007 General Principles (1) Eligibility for impairment. (a) Eligibility, generally. A worker is eligible for an award for impairment if: (A) The worker suffers permanent loss of use or function of a body part or system; (B) The loss is established by a preponderance of me…

436-035-0008 Calculating Disability Benefits (Dates of Injury prior to 1/1/2005) (1) Scheduled disability with a date of injury prior to January 1, 2005, is rated on the permanent loss of use or function of a body part caused by a compensable injury. To calculate the scheduled im…

436-035-0009 Calculating Disability Benefits (Date of Injury on or after 1/1/2005) (1) Permanent impairment is expressed as a percent of the whole person and the impairment value will not exceed 100% of the whole person. (2) If the impairment results from injury to more than one …

436-035-0011 Determining Percent of Impairment (1) The total impairment rating for a body part cannot be more than 100% of the body part. (2) When rating disability the movement in a joint is measured in active degrees of motion. Impairment findings describing lost ranges of moti…

436-035-0012 Social-Vocational Factors (Age/Education/Adaptability) and the Calculation of Work Disability (1) Social-vocational factors. (a) If a worker is eligible for an award for work disability, the factors of age, education, and adaptability are determined under this rule a…

436-035-0013 Findings of Impairment (1) Findings of impairment, generally. Findings of impairment are objective medical findings that measure the extent to which a worker has suffered permanent loss of use or function of a body part or system. (2) Findings of impairment when the …

436-035-0014 Worsened Pre-existing Conditions If a worsened pre-existing condition is compensable under ORS 656.225, a worker is eligible for an award for permanent disability caused by the worsened pre-existing condition. Example: (No apportionment) Compensable injury (remains m…

436-035-0015 Offsetting Prior Awards If a worker has a prior award of permanent disability under Oregon Workers’ Compensation Law, the award is considered in subsequent claims under ORS 656.222 and 656.214. (1) A prior award can be used to offset an award for a subsequent claim w…

436-035-0016 Reopened Claim for Aggravation/Worsening (1) Worsened conditions. When an aggravation claim is closed, the extent of permanent disability caused by any worsened condition accepted under the aggravation claim is compared to the extent of disability that existed at the…

436-035-0017 Authorized Training Program (ATP) (1) When a worker ceases to be enrolled and actively engaged in training under ORS 656.268(10) and there is no accepted aggravation in the current open period, one of the following applies: (a) When the date of injury is prior to Jan…

436-035-0018 Death (1) If a closing report has been completed. If the worker dies due to causes unrelated to the compensable injury and a closing report has been completed, the worker’s permanent disability must be determined based on the closing report. (2) If a closing report h…

436-035-0019 Chronic Condition (1) For the purpose of this rule, “significantly limited in the repetitive use” means the worker is unable to repetitively use a body part identified in subsections (a) through (j) of this section for more than two-thirds of a period of time. A work…

436-035-0020 Parts of the Upper Extremities (1) The arm begins with the head of the humerus. It includes the elbow joint. (2) The forearm begins distal to the elbow joint and includes the wrist (carpal bones). (3) The hand begins at the joints between the carpals and metacarpals.…

436-035-0030 Amputations in the Upper Extremities (1) Loss of the arm at or proximal to the elbow joint is 100% loss of the arm. (2) Loss of the forearm at or proximal to the wrist joint is 100% loss of the forearm. (3) Loss of the hand at the carpal bones is 100% loss of the han…

436-035-0040 Loss of Opposition in Thumb/Finger Amputations (1) Loss of opposition is rated as a proportionate loss of use of the digits which can no longer be effectively opposed. (a) For amputations which are not exactly at the joints, adjust the ratings in steps of 5%, increas…

436-035-0050 Thumb (1) The following ratings are for loss of flexion at the interphalangeal joint of the thumb: [Rating not included. See ED. NOTE.] (2) The following ratings are for loss of extension at the interphalangeal joint of the thumb: [Rating not included. See ED. NOTE.]…

436-035-0060 Finger (1) The following ratings are for loss of flexion at the distal interphalangeal joint of any finger: [Rating not included. See ED. NOTE.] (2) The following ratings are for loss of extension at the distal interphalangeal joint of any finger: [Rating not include…

436-035-0070 Conversion of Thumb/Finger Values to Hand Value (1) Loss of use of two or more digits is converted to a value for loss in the hand if the worker will receive more money for the conversion. At least two digits must have impairment other than loss of opposition to qual…

436-035-0075 Hand (1) Pursuant to OAR 436-035-0020(3), the ratings in this section are hand values. Abduction and adduction of the carpometacarpal joint of the thumb are associated with the ability to extend and flex. This association has been taken into consideration in establis…

436-035-0080 Wrist (1) The following ratings are for loss of (dorsiflexion) extension at the wrist joint: [Rating not included. See ED. NOTE.] (2) The following ratings are for (dorsiflexion) extension ankylosis in the wrist joint: [Rating not included. See ED. NOTE.] (3) The fol…

436-035-0090 Conversion of Hand/Forearm Values to Arm Value The following table shall be used to convert a loss in the hand/forearm to a loss in the arm: [Table not included. See ED. NOTE.] [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: OR…

436-035-0100 Arm (1) The following ratings are for loss of flexion in the elbow joint (150° describes the arm in full flexion): [Rating not included. See ED. NOTE.] (2) The following ratings are for loss of extension in the elbow joint (0° describes the arm in full extension): [R…

436-035-0110 Other Upper Extremity Findings (1) Loss of palmar sensation in the hand, finger(s), or thumb is rated based on the location and quality of the loss, and is measured by the two-point discrimination method. (a) Sensation is determined by using any instrumentation that …

436-035-0115 Conversion of Upper Extremity Values to Whole Person Values (1) The tables in this rule are used to convert losses in the upper extremity to a whole person (WP) value for claims with a date of injury on or after January 1, 2005. (2) The following table is used to con…

436-035-0130 Parts of the Lower Extremities (1) The leg begins with the femoral head and includes the knee joint. (2) The foot begins just distal to the knee joint and extends just proximal to the metatarsophalangeal joints of the toes. (3) The toes begin at the metatarsophalange…

436-035-0140 Amputations in the Lower Extremities (1) Amputation at or above the knee joint (up to and including the femoral head) is rated at 100% loss of the leg. (2) Amputation of the foot: (a) At or above the tibio-talar joint but below the knee joint is rated at 100% loss of…

436-035-0150 Great Toe (1) The following ratings are for loss of plantarflexion in the interphalangeal joint of the great toe: [Rating not included. See ED. NOTE.] (2) The following ratings are for plantarflexion ankylosis of the interphalangeal joint of the great toe: [Rating no…

436-035-0160 Second through Fifth Toes (1) No rating is given for loss of motion in the distal interphalangeal joint of the second through fifth toes (to be referred to as toes), except in the case of ankylosis. (2) Ankylosis in the distal interphalangeal joint of the toes is rat…

436-035-0180 Conversion of Toe Values to Foot Value (1) If the only findings are in the toes, it is not possible to convert the toe findings to a loss in the foot unless there are impairment findings in the foot. Each toe must be converted to the foot separately. After converting…

436-035-0190 Foot (1) Ankylosis at the tarsometatarsal joints receives a rating of 10% of the foot for each of the tarsometatarsal joints ankylosed. (2) The following ratings are for loss of subtalar inversion in the foot: [Rating not included. See ED. NOTE.] (3) The following ra…

436-035-0210 Conversion of Foot Value to Leg Value The following ratings are for converting losses in the foot to losses in the leg: Impairment of Impairment of Impairment of Impairment of Foot - Leg Foot - Leg Foot - Leg Foot - Leg 1% = 1% 27% = 24% 52% = 47% 77% = 69% 2% = 2% 2…

436-035-0220 Leg (1) The following ratings are for loss of flexion in the knee (150° describes the knee in full flexion): [Rating not included. See ED. NOTE.] (2) The following ratings are for loss of extension in the knee (0° describes the knee in full extension): [Rating not in…

436-035-0230 Other Lower Extremity Findings (1) Loss of sensation or hypersensitivity in the leg is not considered disabling except for the plantar surface of the foot and toes, including the great toe, where it is rated as follows: (a) [See attached table.] (b) Partial is part o…

436-035-0235 Conversion of Lower Extremity Values to Whole Person Values (1) The tables in this rule are used to convert losses in the lower extremity to a whole person (WP) value for claims with a date of injury on or after January 1, 2005. (2) The following table is used to con…

436-035-0250 Hearing Loss (1) The following information is provided by the attending physician or reviewed and commented on by the attending physician, under OAR 436-035-0007(5) and (6), to value work-related hearing loss: (a) A written record, history, examination, diagnosis, op…

436-035-0255 Conversion of Hearing Loss Values to Whole Person Values (1) The following table is used to convert a loss of hearing in one ear to a whole person (WP) value for claims with a date of injury on or after January 1, 2005: [Table not included. See ED. NOTE.] (2) The fol…

436-035-0260 Visual Loss (1) Visual loss due to a work-related illness or injury is rated for central visual acuity, integrity of the peripheral visual fields, and ocular motility. For ocular disturbances that cause visual impairment that is not reflected in visual acuity, visual…

436-035-0265 Conversion of Vision Loss Values to Whole Person Values (1) The following table is used to convert vision loss in one eye to a whole person (WP) value for claims with a date of injury on or after January 1, 2005: [Table not included. See ED. NOTE.] (2) The following …

436-035-0330 Shoulder Joint (1) The following ratings are for loss of forward elevation (flexion) in the shoulder joint: [Ratings not included. See ED. NOTE.] (2) The following ratings are for forward elevation (flexion) ankylosis in the shoulder joint: [Ratings not included. See…

436-035-0340 Hip (1) When a preponderance of objective medical evidence supports findings that reduced ranges of motion of the hip do not involve the pelvis or acetabulum, the impairment determination is valued according to OAR 436-035-0220. If the reduced ranges of motion are a …

436-035-0350 General Spinal Findings (1) The following ratings are for fractured vertebrae: (a) For a compression fracture of a single vertebral body: [Tables not included. See ED. NOTE.] (b) A fracture of one or more of the posterior elements of a vertebra (spinous process, pedi…

436-035-0360 Spinal Ranges of Motion (1) For the purpose of determining impairment due to loss of spinal range of motion, sections (2) through (12) of this rule apply when the provider uses an inclinometer to measure impairment. (2) The following ratings are for loss of flexion i…

436-035-0370 Pelvis (1) The following ratings are for a fractured pelvis which heals with displacement and deformity: [Tables not included. See ED. NOTE.] In the acetabulum — Rate only loss of hip motion as in OAR 436-035-0340 (2) A hemipelvectomy receives 25% for the pelvis, and…