Or. Rev. Stat. § 656.202

Compensation payable to subject worker in accordance with law in effect at time of injury; exceptions; notice regarding payment

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      656.202 Compensation payable to subject worker in accordance with law in effect at time of injury; exceptions; notice regarding payment. (1) If any subject worker sustains a compensable injury, the worker or the beneficiaries of the worker, if the injury results in death, shall receive compensation as provided in this chapter, regardless of whether the worker was employed by a complying or noncomplying employer.

      (2) Except as otherwise provided by law, payment of benefits for injuries or deaths under this chapter shall be continued as authorized, and in the amounts provided for, by the law in force at the time the injury giving rise to the right to compensation occurred.

      (3) When compensation is paid to a claimant or other payment is made to the provider of service pursuant to this chapter, the insurer or self-insured employer shall notify the payment recipient in writing of the specific purpose of the payment. When applicable, the notice shall indicate the time period for which the payment is made and the reimbursable expenses or other bills and charges covered. If any portion of the claim is denied, the notice shall identify that portion of the claimed amounts that is not being paid.

      (4) Notwithstanding subsections (1) to (3) of this section, the amendments to ORS 656.325 by section 4, chapter 723, Oregon Laws 1981, and ORS 656.335 (1993 Edition) apply to all workers regardless of the date of injury.

      (5) This section does not apply to vocational assistance benefits.

      (6) Notwithstanding subsection (2) of this section, the increase in benefits to the surviving spouse of an injured worker made by the amendment to ORS 656.204 (2)(c) (1993 Edition) by section 1, chapter 108, Oregon Laws 1985, applies to a surviving spouse who remarries after September 20, 1985, regardless of the date of injury or death of the worker.

      (7) Notwithstanding subsection (2) of this section, the increase in benefits to the surviving spouse of an injured worker made by the amendments to ORS 656.204 (3)(a) and (b) (1997 Edition) by section 2, chapter 927, Oregon Laws 1999, applies to a surviving spouse who remarries on or after October 23, 1999, regardless of the date of injury or death of the worker. [Amended by 1953 c.669 §4; 1953 c.670 §4; 1957 c.718 §3; 1959 c.450 §1; 1965 c.285 §21; 1977 c.430 §6; 1981 c.770 §1; subsection (4) enacted as 1981 c.723 §8; 1985 c.108 §3; 1985 c.600 §6; 1985 c.706 §6; 1985 c.770 §6; 1995 c.332 §12; 1999 c.927 §1]

 

COMPENSATION AND MEDICAL BENEFITS

Notes of Decisions
Cited in 70 cases (5 in the last 5 years), 1954–2026 · leading case: Saif Corp. v. Herron
Saif Corp. v. Herron (1992) orctapp · cites it 44× “790, this 1990 Act becomes operative July 1, 1990, and notwithstanding ORS 656.202, this 1990 Act applies to all claims existing or arising on and after July 1, 1990, regardless of date of injury, except as specifically provided in this section.”
Reynoldson v. Multnomah County (2003) orctapp · cites it 16× “ORS 656.202(2) provides: “Except as otherwise provided by law, payment of benefits for injuries or deaths under this chapter shall be continued as authorized, and in the amounts provided for, by the law in force at the time the injury giving rise to the right to compensation…”
Armstrong v. Asten-Hill Co. (1988) orctapp · cites it 3× “3 Section 62(1) of the 1987 Act provides, in part: “Notwithstanding ORS 656.202, amendments by this Act to * * * ORS 656.”
Olson v. State Industrial Accident Commission (1960) or · cites it 9× “590 and in the service of an employer who is thus bound to contribute to the Industrial Accident Fund sustains a personal injury by accident arising out of and in the course of his employment caused by violent or external means, he or his beneficiaries, if the injury results in…”
Cutright v. Weyerhaeuser Co. (1985) or · cites it 4× “" I invite the majority to compare ORS 656.202 to 656.214 with the sections of Oregon Compiled Laws Annotated to which Lindeman and I have referred, supra.”
Johnson v. State Accident Insurance Fund Corp. (1986) orctapp · cites it 9× “ORS 656.202(2) provides: “Except as otherwise provided by law, payment of benefits for injuries or deaths under ORS 656.”
Bradley v. State Accident Insurance Fund (1979) orctapp · cites it 5× “We do not reach this question since we conclude, as did the Bosird, that ORS 656.202(2) and ORS 656.218(1) preclude claimant from seeking a redetermination after the worker’s death of the degree of his permanent partial disability.”
State Accident Insurance Fund Corp. v. Mathews (1982) orctapp · cites it 6× “That contention ignores the express language of ORS 656.202 (2) 2 : “(2) Except as otherwise provided by law, payment of benefits for injuries or deaths under ORS 656.”
Cook v. Workers' Compensation Department (1988) or · cites it 2× “" ORS 656.202(1) (1955). Labor organizations and others maintained that this definition was too restrictive.”
Vasquez v. Double Press Mfg., Inc. (2019) or “See generally ORS 656.202 - 656.388 (1985). But ORS chapter 656 also contained a section of statutes, formerly codified at ORS 656.”
Brown v. SAIF Corp. (1986) orctapp · cites it 3× “We discussed the word “injury” in ORS 656.202(2), which states: “Except as otherwise provided by law, payment of benefits *209 for injuries or deaths under ORS 656.”
Azorr v. Azorr (2002) orctapp · cites it 2× “012(2) establishes the goals of the Workers’ Compensation Act, including “prompt and complete medical treatment for injured workers,” the delivery of medical and financial benefits to them in a way “that reduces litigation and eliminates the adversary nature of the compensation…”
— Or. Rev. Stat. § 656.202(1) — 9 cases
Olson v. State Industrial Accident Commission (1960) or “590 and in the service of an employer who is thus bound to contribute to the Industrial Accident Fund sustains a personal injury by accident arising out of and in the course of his employment caused by violent or external means, he or his beneficiaries, if the injury results in…”
Cook v. Workers' Compensation Department (1988) or “" ORS 656.202(1) (1955). Labor organizations and others maintained that this definition was too restrictive.”
SAIF Corp. v. Yokum (1994) orctapp
— Or. Rev. Stat. § 656.202(2) — 37 cases
Reynoldson v. Multnomah County (2003) orctapp “ORS 656.202(2) provides: “Except as otherwise provided by law, payment of benefits for injuries or deaths under this chapter shall be continued as authorized, and in the amounts provided for, by the law in force at the time the injury giving rise to the right to compensation…”
Saif Corp. v. Herron (1992) orctapp “790, this 1990 Act becomes operative July 1, 1990, and notwithstanding ORS 656.202, this 1990 Act applies to all claims existing or arising on and after July 1, 1990, regardless of date of injury, except as specifically provided in this section.”
Johnson v. State Accident Insurance Fund Corp. (1986) orctapp “ORS 656.202(2) provides: “Except as otherwise provided by law, payment of benefits for injuries or deaths under ORS 656.”
Bradley v. State Accident Insurance Fund (1979) orctapp “We do not reach this question since we conclude, as did the Bosird, that ORS 656.202(2) and ORS 656.218(1) preclude claimant from seeking a redetermination after the worker’s death of the degree of his permanent partial disability.”
Armstrong v. Asten-Hill Co. (1988) orctapp “3 Section 62(1) of the 1987 Act provides, in part: “Notwithstanding ORS 656.202, amendments by this Act to * * * ORS 656.”
— Or. Rev. Stat. § 656.202(3) — 1 case
— Or. Rev. Stat. § 656.202(5) — 1 case
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