656.236
Compromise and release of claim matters except for medical benefits; approval
by Administrative Law Judge or board; approval by director for
certain reserve reimbursements; restriction on charging costs to workers;
restriction on joinder as parties for responsibility determinations. (1)(a) The parties to a claim, by
agreement, may make such disposition of any or all matters regarding a claim,
except for medical services, as the parties consider reasonable, subject to
such terms and conditions as the Workers’ Compensation Board may prescribe. For
the purposes of this section, “matters regarding a claim” includes the
disposition of a beneficiary’s independent claim for compensation under this
chapter. Unless otherwise specified, a disposition resolves all matters and all
rights to compensation, attorney fees and penalties potentially arising out of
claims, except medical services, regardless of the conditions stated in the
agreement. Each disposition shall be filed with the board for approval by the
Administrative Law Judge who mediated the agreement or by the board. If the
worker is not represented by an attorney, the worker may, at the worker’s
request, personally appear before the board. Submission of a disposition shall
stay all other proceedings and payment obligations, except for medical
services, on that claim. The disposition shall be approved in a final order
unless:
(A) The
Administrative Law Judge who mediated the agreement or the board finds the
proposed disposition is unreasonable as a matter of law;
(B) The
Administrative Law Judge who mediated the agreement or the board finds the
proposed disposition is the result of an intentional misrepresentation of
material fact; or
(C) Within 30
days of submitting the disposition for approval, the worker, the insurer or
self-insured employer requests the Administrative Law Judge who mediated the
agreement or the board to disapprove the disposition.
(b)
Notwithstanding paragraph (a)(C) of this subsection, a disposition may provide
for waiver of the provisions of that subparagraph if the worker was represented
by an attorney at the time the worker signed the disposition.
(2)
Notwithstanding any other provision of this chapter, an order approving
disposition of a claim pursuant to this section is not subject to review.
However, an order disapproving a disposition is subject to review pursuant to
ORS 656.298. The board shall file with the Department of Consumer and Business
Services a copy of each disposition that the Administrative Law Judge who
mediated the agreement or the board approves. If the Administrative Law Judge
who mediated the agreement or the board does not approve a disposition, the
Administrative Law Judge or the board shall enter an order setting aside the
disposition.
(3) Unless the
terms of the disposition expressly provide otherwise, no payments, except for
medical services, pursuant to a disposition are payable until the
Administrative Law Judge who mediated the agreement or the board approves the
disposition.
(4) If a worker
is represented by an attorney in the negotiation of a disposition under this
section, the insurer or self-insured employer shall pay to the attorney a fee
prescribed by the Administrative Law Judge who mediated the agreement or the
board.
(5) Except as
otherwise provided in this chapter, none of the cost of workers’ compensation
to employers under this chapter, or in the court review of any claim therefor,
shall be charged to a subject worker.
(6) Any claim in
which the parties enter into a disposition under this section shall not be
eligible for reimbursement of expenditures authorized by law from the Workers’
Benefit Fund without the prior approval of the Director of the Department of
Consumer and Business Services.
(7) Insurers or
self-insured employers who are parties to an approved claim disposition
agreement under this section shall not be joined as parties in subsequent
proceedings under this chapter to determine responsibility for payment for any
matter for which disposition is made by the agreement. Insurers or self-insured
employers may be joined as parties in subsequent proceedings under this chapter
to determine responsibility for medical services for claim conditions for which
disposition is made by an approved claim disposition agreement, but no order in
any subsequent proceedings may alter the obligations of an insurer or
self-insured employer set forth in an approved claims disposition agreement,
except as those obligations concern medical services.
(8) No release by
a worker or beneficiary of any rights under this chapter is valid, except
pursuant to a claim disposition agreement under this section or a release
pursuant to ORS 656.593.
(9)
Notwithstanding ORS 656.005 (21), as used in this section, “party” does not
include a noncomplying employer. [1965 c.285 §28; 1985 c.212 §5; 1987 c.250 §4;
1990 c.2 §9; 1995 c.332 §24; 1995 c.641 §18; 1997 c.639 §5; 2007 c.17 §2; 2007
c.491 §1]
Notes of Decisions
Cited in
56
cases (
1 in the last 5 years), 1968–2024 · leading case:
Rash v. McKinstry Co., 20 P.3d 197 (Or. 2001).
Rash v. McKinstry Co., 20 P.3d 197 (Or. 2001).
· cites it 17× “For the reasons that follow, we conclude that the phrase “all matters * * * potentially arising out of claims” in ORS 656.236 encompasses an insurer’s statutory lien.”
Liberty Nw. Ins. Corp. v. Watkins, 227 P.3d 1134 (Or. 2010).
· cites it 11× “In February 2001, claimant and insurer entered into a CDA pursuant to ORS 656.236, set out post at 347 Or at 691-92.”
Liberty Nw. Ins. v. Watkins, 198 P.3d 960 (Or. Ct. App. 2008).
· cites it 30× “In February 2001, claimant and insurer entered into a CDA pursuant to ORS 656.236. In exchange for monetary compensation specified in the CDA, claimant released “all rights to workers’ compensation benefits allowed by law, including temporary disability, permanent disability,…”
Rash v. McKinstry Co., 981 P.2d 343 (Or. Ct. App. 1999).
· cites it 26× “Nowhere in ORS 656.236 do the terms "action" or "proceeds" appear.”
Stovall v. Sally Salmon Seafood, 757 P.2d 410 (Or. 1988).
· cites it 6× “ORS 656.236(1) provides: "No release by a worker or beneficiary of any rights under ORS 656.”
Mize v. Comcast Corp-AT & T Broadband, 145 P.3d 315 (Or. Ct. App. 2006).
· cites it 2× “" ORS 656.236(1)(a)(B) provides that a compromise and release of a claim shall be approved in a final order unless the board "finds the proposed disposition is the result of an intentional misrepresentation of material fact[.”
Dew v. City of Scappoose, 145 P.3d 198 (Or. Ct. App. 2006).
· cites it 3× “Third, the agreement’s definition of the “compensation and payment” that plaintiff agreed to release mentioned only disability and other benefits recoverable under ORS chapter 656.”
Fromme v. Fred Meyer, Inc., 761 P.2d 515 (Or. 1988).
· cites it 4× “In 1987, the legislature amended ORS 656.236(2) to prohibit charging workers’ compensation claimants with costs on judicial review.”
Krieger v. Future Logging, 842 P.2d 428 (Or. Ct. App. 1992).
· cites it 8× “The CDA provided: “Pursuant to ORS 656.236, the parties have agreed to settle Claimant’s claim for compensation and payments of any kind due or claimed for the past, the present, and the future, except compensable medical services * * *.”
Fleming v. SAIF, 461 P.3d 261 (Or. Ct. App. 2020).
· cites it 4× “289(4) provides: “(a) Notwithstanding ORS 656.236, in any case where there is a bona fide dispute over compensability of a claim, the parties may, with the approval of an Administrative Law Judge, the board or the court, by agreement make such disposition of the claim as is…”
Stoltz v. Liberty Nw. Ins. Corp., 393 P.3d 239 (Or. Ct. App. 2017).
· cites it 15× “First, claimant contends that ORS 656.236, the statute that governs CDAs generally, is silent about whether the right to enforce a CDA is waived through that same agreement.”
Adams v. Transamerica Ins. Grp., 609 P.2d 834 (Or. Ct. App. 1980).
· cites it 12× “The complaint alleged that the "own motion" order made by the Workers' Compensation Board setting aside the settlement, together with its approval by the referee, as a release prohibited by ORS 656.236 [1] was void. The prayer was for a determination that the settlement…”
— Or. Rev. Stat. § 656.236(1) — 16 cases
Dew v. City of Scappoose, 145 P.3d 198 (Or. Ct. App. 2006).
“Third, the agreement’s definition of the “compensation and payment” that plaintiff agreed to release mentioned only disability and other benefits recoverable under ORS chapter 656.”
Krieger v. Future Logging, 842 P.2d 428 (Or. Ct. App. 1992).
“The CDA provided: “Pursuant to ORS 656.236, the parties have agreed to settle Claimant’s claim for compensation and payments of any kind due or claimed for the past, the present, and the future, except compensable medical services * * *.”
Fleming v. SAIF, 461 P.3d 261 (Or. Ct. App. 2020).
“289(4) provides: “(a) Notwithstanding ORS 656.236, in any case where there is a bona fide dispute over compensability of a claim, the parties may, with the approval of an Administrative Law Judge, the board or the court, by agreement make such disposition of the claim as is…”
— Or. Rev. Stat. § 656.236(1)(a) — 5 cases
Rash v. McKinstry Co., 981 P.2d 343 (Or. Ct. App. 1999).
“Nowhere in ORS 656.236 do the terms "action" or "proceeds" appear.”
Liberty Nw. Ins. v. Watkins, 198 P.3d 960 (Or. Ct. App. 2008).
“In February 2001, claimant and insurer entered into a CDA pursuant to ORS 656.236. In exchange for monetary compensation specified in the CDA, claimant released “all rights to workers’ compensation benefits allowed by law, including temporary disability, permanent disability,…”
— Or. Rev. Stat. § 656.236(1)(a)(B) — 1 case
Mize v. Comcast Corp-AT & T Broadband, 145 P.3d 315 (Or. Ct. App. 2006).
“" ORS 656.236(1)(a)(B) provides that a compromise and release of a claim shall be approved in a final order unless the board "finds the proposed disposition is the result of an intentional misrepresentation of material fact[.”
— Or. Rev. Stat. § 656.236(2) — 9 cases
Fromme v. Fred Meyer, Inc., 761 P.2d 515 (Or. 1988).
“In 1987, the legislature amended ORS 656.236(2) to prohibit charging workers’ compensation claimants with costs on judicial review.”
Krieger v. Future Logging, 842 P.2d 428 (Or. Ct. App. 1992).
“The CDA provided: “Pursuant to ORS 656.236, the parties have agreed to settle Claimant’s claim for compensation and payments of any kind due or claimed for the past, the present, and the future, except compensable medical services * * *.”
— Or. Rev. Stat. § 656.236(8) — 1 case
— Or. Rev. Stat. § 656.236(l)(a) — 6 cases
Rash v. McKinstry Co., 20 P.3d 197 (Or. 2001).
“For the reasons that follow, we conclude that the phrase “all matters * * * potentially arising out of claims” in ORS 656.236 encompasses an insurer’s statutory lien.”
Liberty Nw. Ins. v. Watkins, 198 P.3d 960 (Or. Ct. App. 2008).
“In February 2001, claimant and insurer entered into a CDA pursuant to ORS 656.236. In exchange for monetary compensation specified in the CDA, claimant released “all rights to workers’ compensation benefits allowed by law, including temporary disability, permanent disability,…”
Liberty Nw. Ins. Corp. v. Watkins, 227 P.3d 1134 (Or. 2010).
“In February 2001, claimant and insurer entered into a CDA pursuant to ORS 656.236, set out post at 347 Or at 691-92.”
Stoltz v. Liberty Nw. Ins. Corp., 393 P.3d 239 (Or. Ct. App. 2017).
“First, claimant contends that ORS 656.236, the statute that governs CDAs generally, is silent about whether the right to enforce a CDA is waived through that same agreement.”
Rash v. McKinstry Co., 981 P.2d 343 (Or. Ct. App. 1999).
“Nowhere in ORS 656.236 do the terms "action" or "proceeds" appear.”
— Or. Rev. Stat. § 656.236(l)(a)(B) — 1 case
Mize v. Comcast Corp-AT & T Broadband, 145 P.3d 315 (Or. Ct. App. 2006).
“" ORS 656.236(1)(a)(B) provides that a compromise and release of a claim shall be approved in a final order unless the board "finds the proposed disposition is the result of an intentional misrepresentation of material fact[.”
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