Oregon Revised Statutes

Or. Rev. Stat. § 656.218 (2026)

Continuance of permanent partial disability payments to survivors; effect of death prior to final claim disposition

✓ current as of May 2026

Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

656.218 Continuance of permanent partial disability payments to survivors; effect of death prior to final claim disposition. (1) In case of the death of a worker entitled to compensation, whether eligibility therefor or the amount thereof has been determined, payments shall be made for the period during which the worker, if surviving, would have been entitled thereto.

(2) If the worker’s death occurs prior to issuance of a notice of closure under ORS 656.268, the insurer or the self-insured employer shall determine compensation for permanent partial disability, if any.

(3) If the worker has filed a request for hearing pursuant to ORS 656.283 or a request for reconsideration pursuant to ORS 656.268 and death occurs prior to the final disposition of the request, the persons described in subsection (5) of this section shall be entitled to pursue the matter to final determination of all issues presented by the request.

(4) If the worker dies before filing a request for hearing or a request for reconsideration, the persons described in subsection (5) of this section shall be entitled to file a request for hearing or a request for reconsideration and to pursue the matter to final determination as to all issues presented by the request.

(5) The payments provided in this section shall be made to the persons who would have been entitled to receive death benefits if the injury causing the disability had been fatal. In the absence of persons so entitled, the unpaid balance of the award shall be paid to the worker’s estate.

(6) This section does not entitle any person to double payments on account of the death of a worker and a continuation of payments for permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal. [Amended by 1959 c.450 §3; 1973 c.355 §1; 1975 c.497 §3; 1981 c.854 §11; 1987 c.884 §16; 1999 c.313 §4; 2009 c.171 §2; 2015 c.144 §2]

656.220 [Amended by 1957 c.718 §4; 1965 c.285 §24; repealed by 1975 c.505 §1]

Notes of Decisions

Cited in 33 cases, 1969–2015 · leading case: Sather v. Saif Corp., 347 P.3d 326 (Or. 2015).

Sort: Relevance Newest Treatment

Sather v. Saif Corp., 347 P.3d 326 (Or. 2015). · cites it 53× “The Court of Appeals held that claimant’s estate, through his personal representative, was not authorized to pursue the claim to final determination under ORS 656.218 (3) on the grounds that (1) the estate is not one of the “persons” described in ORS 656.”

Edwards v. Cherry City Elec., Inc., 919 P.2d 501 (Or. Ct. App. 1996). · cites it 17× “ORS 656.218 provides in relevant part: “(1) In case of the death of a worker entitled to compensation, whether eligibility therefor or the amount thereof [has] been determined, payments shall be made for the period during which the worker, if surviving, would have been entitled…”

Havi Grp. LP v. Fyock, 131 P.3d 793 (Or. Ct. App. 2006). · cites it 8× “See ORS 656.218. 1 Employer contends that (1) claimant’s request for a hearing on employer’s denial was void because that request was filed by claimant’s daughter (the deceased worker’s sister) pursuant to a power of attorney given by claimant; and (2) in all events, claimant…”

Bradley v. State Accident Ins. Fund, 590 P.2d 784 (Or. Ct. App. 1979). · cites it 9× “The claimant-beneficiary widow (hereinafter claimant) of a deceased worker appeals from an order of the Workers’ Compensation Board affirming the Referee’s order finding (1) that the worker was not permanently and totally disabled by reason of his industrial injury at the time…”

Sather v. SAIF Corp., 325 P.3d 819 (Or. Ct. App. 2014). · cites it 44× “Finally, ORS 656.218 relates to the pursuit of claims and the receipt of benefits for permanent partial disability after the death of a worker as a result of causes unrelated to the accidental injury: “(1) In case of the death of a worker entitled to compensation, whether…”

Trice v. Tektronix, Inc., 801 P.2d 896 (Or. Ct. App. 1990). · cites it 9× “She contends that the 1973 amendments to ORS 656.218, Or Laws 1973, ch 355, § 1, were intended to expand the recovery rights for permanent partial disability benefits (PPD) and that they do not restrict an estate’s ability to recover temporary disability benefits under Heuchert .”

Cato v. Alcoa-Reynolds Metals Co., 152 P.3d 981 (Or. Ct. App. 2007). · cites it 6× “Even assuming that the estate could qualify as a party, but see 210 Or App at 730 n 9, the estate has statutory standing to request a hearing on a deceased’s claim only if no other statute provides a “procedure for resolving the dispute.”

Fertig v. State Comp. Dep't, 455 P.2d 180 (Or. 1969). · cites it 8× “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 dollars ($30) per month until death or…”

Johnson v. State Accident Ins. Fund Corp., 714 P.2d 1098 (Or. Ct. App. 1986). · cites it 2× “SAIF, 38 Or App 559 , 590 P2d 784 , rev den 287 Or 123 (1979), we held an amendment to ORS 656.218, relating to eligibility for benefits, was not to be given retroactive effect.”

Est. of Strametz v. Spectrum Motorwerks, Inc., 897 P.2d 335 (Or. Ct. App. 1995). · cites it 2× “The beneficiaries of his estate are allowed to proceed with his claim under ORS 656.218(3), which provides: "If the worker has filed a request for a hearing pursuant to ORS 656.”

Saif Corp. v. Balcom, 986 P.2d 104 (Or. Ct. App. 1999). · cites it 9× “Petitioners contend that ORS 656.218, which governs the effect of a claimant’s death on the disposition of the claimant’s hearing request, controls our authority to decide the case.”

Ahn v. Frito-Lay, Inc., 756 P.2d 40 (Or. Ct. App. 1988). · cites it 4× “204 and ORS 656.218. ORS 656.156(1) provides: “If injury or death results to a worker from the deliberate intention of the worker to produce such injury or death, neither the worker nor the widow, widower, child or dependent of the worker shall receive any payment whatsoever…”

Show all 33 citing cases →

— Or. Rev. Stat. § 656.218(1) — 8 cases

Sather v. Saif Corp., 347 P.3d 326 (Or. 2015). “The Court of Appeals held that claimant’s estate, through his personal representative, was not authorized to pursue the claim to final determination under ORS 656.218 (3) on the grounds that (1) the estate is not one of the “persons” described in ORS 656.”

Bradley v. State Accident Ins. Fund, 590 P.2d 784 (Or. Ct. App. 1979). “The claimant-beneficiary widow (hereinafter claimant) of a deceased worker appeals from an order of the Workers’ Compensation Board affirming the Referee’s order finding (1) that the worker was not permanently and totally disabled by reason of his industrial injury at the time…”

Sather v. SAIF Corp., 325 P.3d 819 (Or. Ct. App. 2014). “Finally, ORS 656.218 relates to the pursuit of claims and the receipt of benefits for permanent partial disability after the death of a worker as a result of causes unrelated to the accidental injury: “(1) In case of the death of a worker entitled to compensation, whether…”

Trice v. Tektronix, Inc., 801 P.2d 896 (Or. Ct. App. 1990). “She contends that the 1973 amendments to ORS 656.218, Or Laws 1973, ch 355, § 1, were intended to expand the recovery rights for permanent partial disability benefits (PPD) and that they do not restrict an estate’s ability to recover temporary disability benefits under Heuchert .”

Ahn v. Frito-Lay, Inc., 756 P.2d 40 (Or. Ct. App. 1988). “204 and ORS 656.218. ORS 656.156(1) provides: “If injury or death results to a worker from the deliberate intention of the worker to produce such injury or death, neither the worker nor the widow, widower, child or dependent of the worker shall receive any payment whatsoever…”

— Or. Rev. Stat. § 656.218(2) — 5 cases

Edwards v. Cherry City Elec., Inc., 919 P.2d 501 (Or. Ct. App. 1996). “ORS 656.218 provides in relevant part: “(1) In case of the death of a worker entitled to compensation, whether eligibility therefor or the amount thereof [has] been determined, payments shall be made for the period during which the worker, if surviving, would have been entitled…”

Sather v. SAIF (Or. 2015).

Rossi v. Zidell Explorations, Inc., 595 P.2d 512 (Or. Ct. App. 1979).

— Or. Rev. Stat. § 656.218(3) — 11 cases

Est. of Strametz v. Spectrum Motorwerks, Inc., 897 P.2d 335 (Or. Ct. App. 1995). “The beneficiaries of his estate are allowed to proceed with his claim under ORS 656.218(3), which provides: "If the worker has filed a request for a hearing pursuant to ORS 656.”

Cato v. Alcoa-Reynolds Metals Co., 152 P.3d 981 (Or. Ct. App. 2007). “Even assuming that the estate could qualify as a party, but see 210 Or App at 730 n 9, the estate has statutory standing to request a hearing on a deceased’s claim only if no other statute provides a “procedure for resolving the dispute.”

Saif Corp. v. Balcom, 986 P.2d 104 (Or. Ct. App. 1999). “Petitioners contend that ORS 656.218, which governs the effect of a claimant’s death on the disposition of the claimant’s hearing request, controls our authority to decide the case.”

— Or. Rev. Stat. § 656.218(4) — 3 cases

Owen v. SAIF Corp., 713 P.2d 628 (Or. Ct. App. 1986).

— Or. Rev. Stat. § 656.218(5) — 7 cases

Havi Grp. LP v. Fyock, 131 P.3d 793 (Or. Ct. App. 2006). “See ORS 656.218. 1 Employer contends that (1) claimant’s request for a hearing on employer’s denial was void because that request was filed by claimant’s daughter (the deceased worker’s sister) pursuant to a power of attorney given by claimant; and (2) in all events, claimant…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.