656.216
Permanent partial disability; method of payment; effect of prior receipt of
temporary disability payments.
(1) Compensation for permanent partial disability may be paid monthly at 4.35
times the rate per week as provided for compensation for temporary total
disability at the time the determination is made. In no case shall such
payments be less than $108.75 per month.
(2) If a worker,
who is entitled to compensation for a permanent disability, has received
compensation for a temporary disability by reason of the same injury,
compensation for such permanent disability shall be in addition to the payments
which the worker has received on account of such temporary disability. [Amended
by 1967 c.529 §2; 1973 c.459 §1; 1974 c.41 §7]
Notes of Decisions
Georgia-Pac. Corp. v. Piwowar, 753 P.2d 948 (Or. 1988).
“The crux of Georgia-Pacific’s argument is that unless it may suspend payments prior to a hearing, it will be forced to pay the entire award before a hearing is held even if it pays the award in installments as authorized in ORS 656.216(1). Any *505 result which precludes…”
Taylor v. State Accident Ins. Fund, 595 P.2d 515 (Or. Ct. App. 1979).
“Payment of one is not a setoff for the other, ORS 656.216(2). No statute prohibits receipt of temporary total and permanent partial disability payments during the same period of time.”
Stepp v. SAIF Corp., 745 P.2d 1207 (Or. 1987).
“If that condition worsens and the worker’s earning capacity further is reduced, ORS 656.216(5), the worker is entitled to additional disability compensation.”
Comp. of Jones v. State Accident Ins. Fund Corp., 619 P.2d 1342 (Or. Ct. App. 1980).
“216(2) provides: "(2) If a worker, who is entitled to compensation for a permanent disability, has received compensation for a temporary disability by reason of the same injury, compensation for such permanent disability shall be in addition to the payments which he has received…”
Allen v. Fireman's Fund Ins., 691 P.2d 137 (Or. Ct. App. 1984).
“Payment of one is not a setoff for the other, ORS 656.216(2). No statute prohibits receipt of temporary total and permanent partial disability payments during the same period of time.”
Landriscina v. Raygo-Wagner, 632 P.2d 1281 (Or. Ct. App. 1981).
“Any remaining balance shall be paid pursuant to ORS 656.216. «*****” *563 The Director of the Workers’ Compensation Department is given discretion to approve or disapprove an application for lump stun payment of an award.”
Horn v. Timber Prods., Inc., 507 P.2d 36 (Or. Ct. App. 1973).
“Pursuant to ORS 656.216 the employer’s carrier paid the award to claimant in monthly instalments beginning in August 1970 and continuing through June 5, 1971.”
Watkins v. Fred Meyer, Inc., 719 P.2d 920 (Or. Ct. App. 1986).
· cites it 2× “ORS 656.216(5). “Earning capacity” is the ability to obtain and hold gainful employment in the broad field of general occupations, taking into consideration such factors as age, education, training, skills, and work experience.”
Hinkley v. Oregon State Police, 885 P.2d 756 (Or. Ct. App. 1994).
· cites it 2× “20 and chose, pursuant to ORS 656.216 and ORS 656.230(2), to pay the compensation in installments over 12 months, the last payment to be made in July, 1993.”
— Or. Rev. Stat. § 656.216(1) — 2 cases
Georgia-Pac. Corp. v. Piwowar, 753 P.2d 948 (Or. 1988).
“The crux of Georgia-Pacific’s argument is that unless it may suspend payments prior to a hearing, it will be forced to pay the entire award before a hearing is held even if it pays the award in installments as authorized in ORS 656.216(1). Any *505 result which precludes…”
Hinkley v. Oregon State Police, 885 P.2d 756 (Or. Ct. App. 1994).
“20 and chose, pursuant to ORS 656.216 and ORS 656.230(2), to pay the compensation in installments over 12 months, the last payment to be made in July, 1993.”
— Or. Rev. Stat. § 656.216(2) — 3 cases
Taylor v. State Accident Ins. Fund, 595 P.2d 515 (Or. Ct. App. 1979).
“Payment of one is not a setoff for the other, ORS 656.216(2). No statute prohibits receipt of temporary total and permanent partial disability payments during the same period of time.”
Comp. of Jones v. State Accident Ins. Fund Corp., 619 P.2d 1342 (Or. Ct. App. 1980).
“216(2) provides: "(2) If a worker, who is entitled to compensation for a permanent disability, has received compensation for a temporary disability by reason of the same injury, compensation for such permanent disability shall be in addition to the payments which he has received…”
Allen v. Fireman's Fund Ins., 691 P.2d 137 (Or. Ct. App. 1984).
“Payment of one is not a setoff for the other, ORS 656.216(2). No statute prohibits receipt of temporary total and permanent partial disability payments during the same period of time.”
— Or. Rev. Stat. § 656.216(5) — 2 cases
Stepp v. SAIF Corp., 745 P.2d 1207 (Or. 1987).
“If that condition worsens and the worker’s earning capacity further is reduced, ORS 656.216(5), the worker is entitled to additional disability compensation.”
Watkins v. Fred Meyer, Inc., 719 P.2d 920 (Or. Ct. App. 1986).
“ORS 656.216(5). “Earning capacity” is the ability to obtain and hold gainful employment in the broad field of general occupations, taking into consideration such factors as age, education, training, skills, and work experience.”
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