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Oregon Revised Statutes

Or. Rev. Stat. § 656.208 (2026)

Death during permanent total disability

✓ current as of May 2026
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      656.208 Death during permanent total disability. If an injured worker dies during the period of the worker’s permanent total disability, whatever the cause of death, and the worker leaves a beneficiary, payment must be made in the same manner and in the same amounts as provided in ORS 656.204. [Amended by 1957 c.453 §2; 1959 c.450 §2; 1965 c.285 §22b; 1969 c.521 §2; 1971 c.415 §2; 1973 c.497 §3; 1975 c.497 §2; 1985 c.108 §2; 2017 c.71 §3]

Notes of Decisions
Cited in 19 cases, 1957–2014 · leading case: Mikolich v. State Indus. Accident Comm'n, 318 P.2d 274 (Or. 1957).
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Mikolich v. State Indus. Accident Comm'n, 318 P.2d 274 (Or. 1957). · cites it 12× “ORS 656.208 provides that if an injured workman, who is subject to the Workmen's Compensation Law, dies during the period of permanent total disability, his widow shall receive the benefits for which that section of our laws makes provision.”
Cutright v. Weyerhaeuser Co., 702 P.2d 403 (Or. 1985). · cites it 2× “ORS 656.208 concerns the "worker" who dies during the period of permanent total disability.”
Fertig v. State Comp. Dep't, 455 P.2d 180 (Or. 1969). · cites it 7× “Section 4 of that Act (now ORS 656.208), provided: "If the injured workman dies during such period of permanent total disability, whatever the cause of death, leaving a widow, invalid widower, or child under the age of 18 years, the surviving widow * * * shall receive thirty…”
Mayes v. Boise Cascade Corp., 611 P.2d 681 (Or. Ct. App. 1980). · cites it 33× “Claimant contends that, under ORS 656.208 and 656.313, she is entitled to benefits, equal to those the worker was receiving prior to his death, which are payable for the period from his death to the date of this court’s decision in Mayes v.”
Perez v. State Farm Mut. Auto. Ins., 613 P.2d 32 (Or. 1980). “206(2): "When permanent total disability results from the injury * * ORS 656.208(1): "If the injured worker dies during the period of permanent total disability, * *”
Bradley v. State Accident Ins. Fund, 590 P.2d 784 (Or. Ct. App. 1979). · cites it 2× “218 1 from seeking a redetermination of the degree of the worker’s permanent partial disability at the time of death. Claimant assigns both of these findings as error.”
State Accident Ins. Fund Corp. v. Maddox, 667 P.2d 529 (Or. 1983). “206, payment for permanent total disability; ORS 656.208, payment for death occuring during the payment of permanent total disability; ORS 656.”
Owen v. SAIF Corp., 713 P.2d 628 (Or. Ct. App. 1986). · cites it 5× “The issue in this workers’ compensation case is whether the widow of a deceased worker is entitled, under ORS 656.208, 1 to a hearing on the question of whether the worker was permanently and totally disabled at the time of his death.”
Pac. Motor Trucking Co. v. Yeager, 666 P.2d 1366 (Or. Ct. App. 1983). “See ORS 656.208. 2 Claimant quotes a colloquy at the hearing in which he claims that PMT waived objection to the permanent partial disability award, if the award of permanent total disability were upheld.”
Scheller v. Holly House, 865 P.2d 475 (Or. Ct. App. 1993). “We reversed the Board and held that ORS 656.208(7) “prohibits the admission of evidence developed after the medical arbiter’s report.”
Sather v. SAIF Corp., 325 P.3d 819 (Or. Ct. App. 2014). “If an injured worker dies during a period of permanent total disability, ORS 656.208 provides that, whatever the cause of death, the insurer shall continue to pay benefits in the same manner and amounts to the worker’s spouse and dependents as provided in ORS 656.”
Kempf v. State Accident Ins. Fund, 580 P.2d 1032 (Or. Ct. App. 1978). “When a surviving child entitled to benefits under ORS 656.208 is left in the custody of a grandparent, a sibling or some other person except the worker’s surviving spouse, that other person is not entitled to any compensation for the indirect benefit of the child, even though he…”
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— Or. Rev. Stat. § 656.208(1) — 4 cases
Perez v. State Farm Mut. Auto. Ins., 613 P.2d 32 (Or. 1980). “206(2): "When permanent total disability results from the injury * * ORS 656.208(1): "If the injured worker dies during the period of permanent total disability, * *”
Owen v. SAIF Corp., 713 P.2d 628 (Or. Ct. App. 1986). “The issue in this workers’ compensation case is whether the widow of a deceased worker is entitled, under ORS 656.208, 1 to a hearing on the question of whether the worker was permanently and totally disabled at the time of his death.”
Carling Nat'l Breweries v. McClure, 991 P.2d 578 (Or. Ct. App. 1999).
Tevepaugh v. SAIF Corp., 723 P.2d 377 (Or. Ct. App. 1986).
— Or. Rev. Stat. § 656.208(7) — 1 case
Scheller v. Holly House, 865 P.2d 475 (Or. Ct. App. 1993). “We reversed the Board and held that ORS 656.208(7) “prohibits the admission of evidence developed after the medical arbiter’s report.”
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