Chapter 656 — Chapter 656

ORS 656.442 [1967 c.341 §7; repealed by 1975 c.556 §54]

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ORS 656.443 Procedure upon default by employer or self-insured employer group; rules. (1) If an employer or self-insured employer group defaults in payment of compensation or other payments due to the Director of the Department of Consumer and Business Services under this chapter, the director may, on notice to the employer or self-insured employer group and any insurer providing workers’ compensation insurance coverage, a surety bond or other security to the employer or self-insured employer group, use money or interest and dividends on securities, sell securities or institute legal proceedings on any insurance policy, surety bond or other security for which a notice of coverage has been filed with the director to the extent necessary to make such payments

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ORS 656.444 [1967 c.341 §9; repealed by 1975 c.556 §54]

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ORS 656.445 Advancement of funds from Workers’ Benefit Fund for compensation due workers insured by insurer in default; limitations; rules. (1) If an insurer defaults in payment of compensation due an injured worker, the Director of the Department of Consumer and Business Services may advance funds from the Workers’ Benefit Fund to injured workers who have not received payment of compensation due from the insurer in default

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ORS 656.446 [1967 c.341 §10; repealed by 1975 c.556 §54]

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ORS 656.447 Sanctions against insurer for failure to comply with contracts, orders or rules. (1) The Director of the Department of Consumer and Business Services may suspend or revoke the authorization of an insurer to issue workers’ compensation insurance policies if the director, after notice to the company and giving the company an opportunity to be heard and present evidence, finds that

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ORS 656.451 [1975 c.585 §6; 1981 c.854 §32; 1987 c.373 §34; 1987 c.884 §59; 1989 c.654 §1; 1991 c.640 §1; renumbered 654.097]

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ORS 656.452 [Amended by 1965 c.285 §54a; renumbered 656.632]

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ORS 656.454 [Renumbered 656.634]

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ORS 656.455 Self-insured employers to process claims and make records available at authorized locations; disposal of records; expenses for out-of-state audits; rules. (1)(a) Except as provided in paragraph (c) of this subsection, every self-insured employer shall maintain a place of business in this state where the employer shall process claims and make available complete records of all claims for compensation made to the employer under this chapter. In lieu of maintaining a place of business in this state for the purpose of complying with this section, a self-insured employer may, under the conditions prescribed by ORS 731.475 (3), make such records available at places of business in this state operated by service companies

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ORS 656.456 [Amended by 1955 c.323 §2; 1957 c.63 §1; 1959 c.178 §1; 1961 c.697 §1; 1965 c.285 §62; renumbered 656.636]

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ORS 656.458 [Repealed by 1965 c.285 §95]

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ORS 656.460 [Amended by 1953 c.674 §13; 1959 c.517 §3; 1963 c.323 §1; 1965 c.285 §64; renumbered 656.638]

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ORS 656.462 [Amended by 1953 c.674 §13; repealed by 1965 c.285 §95]

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ORS 656.464 [Amended by 1953 c.674 §13; 1957 c.574 §5; 1959 c.449 §2; 1965 c.285 §66b; renumbered 656.642]

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ORS 656.466 [Amended by 1953 c.674 §13; 1959 c.449 §3; 1965 c.285 §67g; renumbered 656.644]

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ORS 656.468 [Amended by 1953 c.674 §13; 1965 c.285 §66; renumbered 656.640]

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ORS 656.470 [Repealed by 1953 c.674 §13]

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ORS 656.472 [Amended by 1953 c.674 §13; 1957 c.574 §6; 1959 c.449 §4; 1965 c.285 §68a; renumbered 656.602]

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ORS 656.474 [Amended by 1953 c.674 §13; 1965 c.285 §68c; renumbered 656.604]

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ORS 656.502 “Fiscal year” defined. As used in ORS 656.502 to 656.526, “fiscal year” means the period of time commencing on July 1 and ending on the succeeding June 30

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ORS 656.504 Rates, charges, fees and reports by employers insured by State Accident Insurance Fund Corporation. (1) Every employer insured by the State Accident Insurance Fund Corporation shall pay to the State Accident Insurance Fund Corporation on or before the 15th day of each month, for insurance coverage, a percentage of the employer’s total payroll for the preceding calendar month of subject workers according to and at the rates promulgated by the State Accident Insurance Fund Corporation under ORS 656.508 and shall forward to the State Accident Insurance Fund Corporation on or before the 15th day of each month a signed statement showing the employer’s total payroll for the preceding calendar month, the kind of work performed, the number of workers and the number of days worked. The State Accident Insurance Fund Corporation may establish other reporting periods and payment-due dates and in lieu of payment based upon a percentage of total payroll may promulgate rates to be paid by employers insured with the State Accident Insurance Fund Corporation utilizing a certain number of cents for each work-hour worked by workers in such employer’s employ. Each such employer shall also pay an annual fee, deposit and minimum premium in such amount and at such time as the State Accident Insurance Fund Corporation shall prescribe, to the Industrial Accident Fund for each calendar year. Each such employer may be required to pay a registration fee in such amount and at such time as the State Accident Insurance Fund Corporation shall prescribe. The State Accident Insurance Fund Corporation may vary the amount of these fees and minimum premium by employer groupings, accept them in lieu of the other premiums which are based on the employer’s payroll, and may adjust the period of application from a calendar year to a fiscal year

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ORS 656.505 Estimate of payroll when employer fails to file payroll report; demand for and recovery of premiums and assessments. (1) In every case where an employer fails or refuses to file any report of payroll required by ORS 656.504 and fails or refuses to pay the premiums and assessments due on such unreported payroll the State Accident Insurance Fund Corporation shall have authority to estimate such payroll and make a demand for premiums and assessments due thereon

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ORS 656.506 Assessments for programs; setting assessment amount; determination by director of benefit level. (1) As used in this section

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ORS 656.507 [1953 c.679 §1; 1959 c.450 §7; repealed by 1965 c.285 §95]

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ORS 656.508 Authority to fix premium rates for employers. (1) The State Accident Insurance Fund Corporation shall classify occupations or industries with respect to their degree of hazard and fix premium rates upon each of the occupations or industries sufficient to provide adequate funds to carry out the purposes of this chapter and the duties of the State Accident Insurance Fund Corporation

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ORS 656.509 [1973 c.614 §6; 1974 c.41 §9; repealed by 1974 c.41 §9]

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ORS 656.510 [Amended by 1957 c.440 §4; 1963 c.214 §1; 1965 c.546 §1; repealed by 1965 c.285 §95 and 1965 c.546 §4]

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ORS 656.512 [Amended by 1957 c.440 §5; repealed by 1965 c.285 §95]

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ORS 656.514 [Amended by 1965 c.546 §2; repealed by 1965 c.285 §95 and 1965 c.546 §4]

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ORS 656.516 [Amended by 1953 c.674 §13; 1957 c.453 §3; 1959 c.517 §4; 1963 c.323 §2; 1965 c.546 §3; repealed by 1965 c.285 §95 and 1965 c.546 §4]

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ORS 656.518 [Amended by 1957 c.440 §6; repealed by 1965 c.285 §95]

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ORS 656.520 [Amended by 1957 c.574 §7; repealed by 1965 c.285 §95]

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ORS 656.522 [Amended by 1965 c.285 §71a; repealed by 1981 c.854 §1 and 1981 c.876 §1]

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ORS 656.524 [Amended by 1979 c.562 §29; repealed by 1981 c.854 §1 and 1981 c.876 §1]

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ORS 656.526 Distribution of dividends from surplus in Industrial Accident Fund. (1) Periodically, the State Accident Insurance Fund Corporation shall determine the total liability existing against the Industrial Accident Fund

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ORS 656.530 [1969 c.536 §2; 1971 c.768 §2; 1975 c.556 §43; 1981 c.535 §23; 1990 c.2 §32; 1991 c.93 §10; 1995 c.641 §7; repealed by 1999 c.273 §1]

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ORS 656.532 [1987 c.884 §40; repealed by 1993 c.760 §4]

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ORS 656.535 [1973 c.669 §2; repealed by 1973 c.669 §4]

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ORS 656.536 Premium charges for coverage of reforestation cooperative workers based on prevailing wage; manner of determining prevailing wage. (1) The premiums charged by an insurer for coverage under this chapter for members of a workers’ cooperative engaged primarily in reforestation work and all computations for benefits payable to such individuals under this chapter shall be based on the prevailing rate of wage paid to individuals performing the same work in the same locality as members of the workers’ cooperative

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ORS 656.538 [1983 c.816 §11; 1987 c.373 §§35,35a; 1987 c.884 §21; 1990 c.2 §33; repealed by 1993 c.760 §4]

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ORS 656.552 Deposit of cash, bond or letter of credit to secure payment of employer’s premiums. (1) If the State Accident Insurance Fund Corporation finds it necessary for the protection of the Industrial Accident Fund, it may require any employer insured with the State Accident Insurance Fund Corporation, except political subdivisions of the state, to deposit and keep on deposit with the State Accident Insurance Fund Corporation a sum equal to the premiums due the State Accident Insurance Fund Corporation upon the estimated payroll of the employer for a period of not to exceed six months

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ORS 656.554 Injunction against employer failing to comply with deposit requirements. (1) If an employer fails to comply with ORS 656.552, the circuit court of the county in which the employer resides or in which the employer employs workers shall, upon the commencement of a suit by the State Accident Insurance Fund Corporation for that purpose, enjoin the employer from further employing workers under this chapter until the employer has complied with ORS 656.552

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ORS 656.556 Liability of person letting a contract for amounts due from contractor. If any person lets a contract and the person to whom the contract was let, while performing the contract, engages as an employer subject to this chapter at the plant of the person letting the contract, upon premises owned, leased or controlled by such person or upon premises where such person is conducting business, the person letting the contract shall be liable to the Industrial Accident Fund for the payment of all premiums, fees and assessments which may be due such fund on account of the performance of the contract or any subcontract thereunder. [Amended by 1965 c.285 §73; 1981 c.854 §38]

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ORS 656.558 [Amended by 1965 c.285 §66a; renumbered 656.646]

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ORS 656.560 Default in payment of premiums, fees, assessments or deposit; remedies. (1) When any payment of premiums, fees and assessments required by this chapter to be made by an employer insured with the State Accident Insurance Fund Corporation on the account of the employer or on account of workers employed by that employer becomes due, interest at the rate of one percent per month or fraction thereof shall be added to the amount of such payment commencing with the first day of the month following the date upon which such payment became due

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ORS 656.562 Moneys due Industrial Accident Fund as preferred claims; moneys due department as taxes due state. (1) All premiums, fees, assessments, interest charges, penalties or amounts due the Industrial Accident Fund from any employer under this chapter and all judgments recovered by the State Accident Insurance Fund Corporation against any employer under this chapter shall be deemed preferred to all general claims in all bankruptcy proceedings, trustee proceedings, proceedings for the administration of estates and receiverships involving the employer liable therefor or the property of such employer

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ORS 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. (1) A lien hereby is created in favor of the insurer upon all real property within this state and any structure or improvement thereon and upon any mine, lode, deposit, mining claim, or any road, tramway, trail, flume, ditch, pipeline, building, or other structure or equipment on or pertaining thereto, upon which labor is performed by the workers of any employer subject to this chapter in a sum equal to the amount at any time due from such employer to the insurer on account of labor performed thereon by the workers of such employer, together with interest and penalty

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ORS 656.566 Lien on property of employer for amounts due. (1) If any employer liable for the payment of premiums, fees and assessments to the Industrial Accident Fund is placed in default as provided by ORS 656.560, the amount due the fund, including interest and penalty, is a lien in favor of the State Accident Insurance Fund Corporation upon all property, whether real or personal, belonging to such employer

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ORS 656.576 “Paying agency” defined. As used in ORS 656.578 to 656.595, “paying agency” means the self-insured employer or insurer paying benefits to the worker or beneficiaries. [1965 c.285 §44a; 1981 c.854 §42]

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