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Oregon Revised Statutes

Or. Rev. Stat. § 656.212 (2026)

Temporary partial disability

✓ current as of May 2026
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      656.212 Temporary partial disability. When the disability is or becomes partial only and is temporary in character:

      (1) No disability payment is recoverable for temporary disability suffered during the first three calendar days after the worker leaves work or loses wages as a result of the compensable injury. If the worker leaves work or loses wages on the day of the injury due to the injury, that day shall be considered the first day of the three-day period.

      (2) The payment of temporary total disability pursuant to ORS 656.210 shall cease and the worker shall receive that proportion of the payments provided for temporary total disability which the loss of wages bears to the wage used to calculate temporary total disability pursuant to ORS 656.210. [Amended by 1953 c.672 §2; 1995 c.332 §16; amendments by 1995 c.332 §16a repealed by 1999 c.6 §1; 1999 c.538 §1]

Notes of Decisions
Cited in 48 cases (1 in the last 5 years), 1965–2021 · leading case: Cutright v. Weyerhaeuser Co., 702 P.2d 403 (Or. 1985).
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Cutright v. Weyerhaeuser Co., 702 P.2d 403 (Or. 1985). · cites it 6× “210 and shall commence making payment of such amounts as are due pursuant to ORS 656.212 when an injured worker refuses wage earning employment prior to claim determination and the worker's attending physician, after being notified by the employer of the specific duties to be…”
Fred Meyer, Inc. v. Bundy, 978 P.2d 385 (Or. Ct. App. 1999). · cites it 6× “210 and ORS 656.212 was not amended in 1995 in any way that was material to the meaning of ORS 656.”
Safeway Stores v. Owsley, 756 P.2d 48 (Or. Ct. App. 1988). · cites it 5× “ORS 656.212 provides: “When the disability is or becomes partial only and is temporary in character, the worker shall receive for a period not exceeding two years that proportion of the payments provided for temporary total disability which the loss of earning power at any kind…”
Menasha Corp. v. Crawford, 29 P.3d 1129 (Or. 2001). · cites it 5× “210 nor ORS 656.212 contains any language which limits a worker’s substantive entitlement to temporary disability to only those periods for which there is contemporaneous authorization by the attending physician.”
Hernandez v. SAIF Corp., 35 P.3d 1099 (Or. Ct. App. 2001). · cites it 8× “210 and shall commence making payment of such amounts as are due pursuant to ORS 656.212 when an injured worker refuses wage earning employment prior to claim determination and the worker’s attending physician, after being notified by the employer of the specific duties to be…”
Fink v. Metro. Pub. Def., 676 P.2d 934 (Or. Ct. App. 1983). · cites it 7× “” Claimant asserts that the rule is in conflict with the enabling statute, ORS 656.212, because the rule defined “loss of earning power” in terms of actual earnings and failed to consider a potential decrease in the number of hours a worker could work.”
Smith v. State Accident Ins. Fund Corp., 730 P.2d 30 (Or. 1986). · cites it 2× “Temporary partial disability (ORS 656.212) ORS 656.212 provides: “When the disability is or becomes partial only and is temporary in character, the worker shall receive for a period not exceeding two years that proportion of the payments provided for temporary total disability…”
Volk v. Am. West Airlines, 899 P.2d 746 (Or. Ct. App. 1995). ““(10) The amendments to ORS 656.212 by section 16a of this Act apply to all claims regardless of the date of injury for benefits payable on or after January 1, 2001.”
Gwynn v. State Accident Ins. Fund Corp., 745 P.2d 775 (Or. 1987). “They are: (1) temporary partial disability, ORS 656.212; (2) temporary total disability, ORS 656.”
Wells v. Pete Walker's Auto Body, 740 P.2d 245 (Or. Ct. App. 1987). · cites it 3× “On the other hand, a worker receiving temporary partial disability under ORS 656.212, or permament partial disability under ORS 656.”
Weyerhaeuser Co. v. Kepford, 786 P.2d 745 (Or. Ct. App. 1990). · cites it 2× “210 and shall commence making payment of such amounts as are due pursuant to ORS 656.212 when an injured worker refuses wage earning employment prior to claim determination and the worker's attending physician, after being notified by the employer of the specific duties to be…”
Surratt v. Gunderson Bros. Eng'g Corp., 485 P.2d 410 (Or. 1971). “Also, ORS 656.212 provides that payments for temporary partial disability will be as follows: "* * * [T]he workman shall receive for a period not exceeding two years that proportion of the payments provided for temporary total disability which his loss of earning power at any…”
Show all 48 citing cases →
— Or. Rev. Stat. § 656.212(1) — 1 case
Madrigal v. J. Frank Schmidt & Son, 17 P.3d 555 (Or. Ct. App. 2001).
— Or. Rev. Stat. § 656.212(1)(d) — 1 case
Wright v. SAIF Corp. (In re Wright), 433 P.3d 382 (Or. Ct. App. 2018).
— Or. Rev. Stat. § 656.212(2) — 8 cases
Hernandez v. SAIF Corp., 35 P.3d 1099 (Or. Ct. App. 2001). “210 and shall commence making payment of such amounts as are due pursuant to ORS 656.212 when an injured worker refuses wage earning employment prior to claim determination and the worker’s attending physician, after being notified by the employer of the specific duties to be…”
Alanis v. Barrett Bus. Servs., 39 P.3d 880 (Or. Ct. App. 2002).
Madrigal v. J. Frank Schmidt & Son, 17 P.3d 555 (Or. Ct. App. 2001).
Morales v. SAIF Corp., 103 P.3d 654 (Or. Ct. App. 2004).
Safeway Stores, Inc. v. Martinez, 243 P.3d 1203 (Or. Ct. App. 2010).
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