656.230 Lump
sum award payments.
(1) When a worker has been awarded compensation for permanent partial
disability, and the total amount of the award does not exceed $6,000, the
insurer or the self-insured employer shall pay the total amount of the award to
the worker in a lump sum payment.
(2)(a) Subject to
paragraph (b) of this subsection, when a worker has been awarded compensation
for permanent partial disability, the total amount of the award exceeds $6,000
and the worker requests payment of all or part of the award in a lump sum payment,
the insurer or self-insured employer shall make the payment requested if:
(A) The worker
has waived the right to request reconsideration of the notice of closure; or
(B) The award has
become final by operation of law.
(b) The insurer
or self-insured employer is not required to make the payment requested if:
(A) The insurer
or self-insured employer timely requests reconsideration of the notice of
closure under ORS 656.268 (5)(e) and the reconsideration proceeding has not yet
been completed;
(B) Payment of
compensation has been stayed pending a request for hearing or review under ORS
656.313; or
(C) The worker is
enrolled and actively engaged in training according to rules adopted pursuant
to ORS 656.340 and 656.726.
(3) Any unpaid
balance of the award that is not paid in a lump sum payment shall be paid
pursuant to ORS 656.216. [Amended by 1957 c.574 §4; 1959 c.449 §1; 1965 c.285 §23a;
1973 c.221 §1; 1981 c.854 §13; 1983 c.816 §15; 1995 c.332 §22; 2007 c.270 §1;
2025 c.25 §1]
Notes of Decisions
Cited in
9
cases (
2 in the last 5 years), 1975–2023 · leading case:
In Re Comp. of Cayton, 220 P.3d 1190 (Or. Ct. App. 2009).
In Re Comp. of Cayton, 220 P.3d 1190 (Or. Ct. App. 2009).
· cites it 30× “" [4] OAR XXX-XXX-XXXX (2006) provided, in part: "(1) Under ORS 656.230, * * * the insurer or director may approve an application of the worker for lump sum payment when the order has become final by operation of law or the worker has waived their right to appeal the adequacy of…”
Cayton v. Safelite Glass Corp., 306 P.3d 726 (Or. Ct. App. 2013).
· cites it 11× “” OAR 436-060-0060 (2006) provided, in part: “(1) Under ORS 656.230, *** the insurer or director may approve an application of the worker for lump sum payment when the order has become final by operation of law or the worker has waived their right to appeal the adequacy of the…”
Cayton v. Safelite Glass Corp., 220 P.3d 1190 (Or. Ct. App. 2009).
· cites it 30× “” OAR 436-060-0060 (2006) provided, in part: “(1) Under ORS 656.230, * * * the insurer or director may approve an application of the worker for lump sum payment when the order has become final by operation of law or the worker has waived their right to appeal the adequacy of the…”
Giltner v. SAIF, 529 P.3d 986 (Or. Ct. App. 2023).
· cites it 21× “On April 14, 1 ORS 656.230 provides: “(1) When a worker has been awarded compensation for permanent par- tial disability, and the worker requests payment of all or part of the award in a lump sum payment, the insurer shall make the payment requested unless the: “(a) Worker has…”
Giltner v. SAIF (Or. Ct. App. 2023).
· cites it 19× “On April 14, 1 ORS 656.230 provides: “(1) When a worker has been awarded compensation for permanent par- tial disability, and the worker requests payment of all or part of the award in a lump sum payment, the insurer shall make the payment requested unless the: “(a) Worker has…”
Landriscina v. Raygo-Wagner, 632 P.2d 1281 (Or. Ct. App. 1981).
· cites it 5× “” 2 United Pacific submitted the forms to the Compliance Division of the Workers’ Compensation Department for approval pursuant to ORS 656.230. Jean Howard, Claims Examiner for the Compliance Division, received claimant’s application for lump sum payment and found it inadequate.”
Rosenstiel v. State Accident Ins. Fund, 532 P.2d 33 (Or. Ct. App. 1975).
““A claimant may accept and cash any check given in payment of any award or compensation without affecting his right to a hearing, except that the right of hearing on any award shall be waived by acceptance of a lump sum award by a claimant where such lump sum award was granted…”
Reynolds v. Hydro Tech Inc., 49 P.3d 827 (Or. Ct. App. 2002).
“, ORS 656.230 (‘Where a worker has been awarded compensation for permanent partial disability, and the award has become final by operation of law or waiver of the right to appeal its adequacy, the insurer shall upon the worker’s application pay all or any part of the remaining…”
Hinkley v. Oregon State Police, 885 P.2d 756 (Or. Ct. App. 1994).
· cites it 3× “The insurer was required, absent application to the director by claimant under ORS 656.230(1), to pay claimant his benefits monthly, rather than in alump sum.”
— Or. Rev. Stat. § 656.230(1) — 6 cases
In Re Comp. of Cayton, 220 P.3d 1190 (Or. Ct. App. 2009).
“" [4] OAR XXX-XXX-XXXX (2006) provided, in part: "(1) Under ORS 656.230, * * * the insurer or director may approve an application of the worker for lump sum payment when the order has become final by operation of law or the worker has waived their right to appeal the adequacy of…”
Cayton v. Safelite Glass Corp., 220 P.3d 1190 (Or. Ct. App. 2009).
“” OAR 436-060-0060 (2006) provided, in part: “(1) Under ORS 656.230, * * * the insurer or director may approve an application of the worker for lump sum payment when the order has become final by operation of law or the worker has waived their right to appeal the adequacy of the…”
Cayton v. Safelite Glass Corp., 306 P.3d 726 (Or. Ct. App. 2013).
“” OAR 436-060-0060 (2006) provided, in part: “(1) Under ORS 656.230, *** the insurer or director may approve an application of the worker for lump sum payment when the order has become final by operation of law or the worker has waived their right to appeal the adequacy of the…”
Giltner v. SAIF, 529 P.3d 986 (Or. Ct. App. 2023).
“On April 14, 1 ORS 656.230 provides: “(1) When a worker has been awarded compensation for permanent par- tial disability, and the worker requests payment of all or part of the award in a lump sum payment, the insurer shall make the payment requested unless the: “(a) Worker has…”
Giltner v. SAIF (Or. Ct. App. 2023).
“On April 14, 1 ORS 656.230 provides: “(1) When a worker has been awarded compensation for permanent par- tial disability, and the worker requests payment of all or part of the award in a lump sum payment, the insurer shall make the payment requested unless the: “(a) Worker has…”
— Or. Rev. Stat. § 656.230(1)(a) — 2 cases
Giltner v. SAIF, 529 P.3d 986 (Or. Ct. App. 2023).
“On April 14, 1 ORS 656.230 provides: “(1) When a worker has been awarded compensation for permanent par- tial disability, and the worker requests payment of all or part of the award in a lump sum payment, the insurer shall make the payment requested unless the: “(a) Worker has…”
Giltner v. SAIF (Or. Ct. App. 2023).
“On April 14, 1 ORS 656.230 provides: “(1) When a worker has been awarded compensation for permanent par- tial disability, and the worker requests payment of all or part of the award in a lump sum payment, the insurer shall make the payment requested unless the: “(a) Worker has…”
— Or. Rev. Stat. § 656.230(2) — 1 case
Hinkley v. Oregon State Police, 885 P.2d 756 (Or. Ct. App. 1994).
“The insurer was required, absent application to the director by claimant under ORS 656.230(1), to pay claimant his benefits monthly, rather than in alump sum.”
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