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Oregon Revised Statutes

Or. Rev. Stat. § 656.506 (2026)

Assessments for programs; setting assessment amount; determination by director of benefit level

✓ current as of May 2026
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      656.506 Assessments for programs; setting assessment amount; determination by director of benefit level. (1) As used in this section:

      (a) “Employee” means a subject worker as defined in ORS 656.005 (28).

      (b) “Employer” means a subject employer as defined in ORS 656.005 (13).

      (2) Every employer shall retain from the moneys earned by all employees an amount determined by the Director of the Department of Consumer and Business Services for each hour or part of an hour the employee is employed and pay the money retained in the manner and at such intervals as the director shall specify.

      (3) In addition to all moneys retained under subsection (2) of this section, the director shall assess each employer an amount equal to that assessed pursuant to subsection (2) of this section. The assessment must be paid in such manner and at such intervals as the director may specify.

      (4) The Department of Consumer and Business Services shall deposit moneys collected pursuant to subsections (2) and (3) of this section, and any accrued cash balances, into the Workers’ Benefit Fund. Subject to the limitations in subsections (2) and (3) of this section, the amount of the hourly assessments provided in subsections (2) and (3) of this section annually may be adjusted to meet the needs of the Workers’ Benefit Fund for the expenditures of the department in carrying out the department’s functions and duties pursuant to subsection (7) of this section and ORS 656.445, 656.622, 656.625, 656.628 and 656.630. Factors to be considered in making such adjustment of the assessments must include, but not be limited to, the cash balance as determined by the director and estimated expenditures and revenues of the Workers’ Benefit Fund.

      (5) The Legislative Assembly intends that the department set rates for the collection of assessments pursuant to subsections (2) and (3) of this section in a manner so that at the end of the period for which the rates are effective, the balance of the Workers’ Benefit Fund is an amount of not less than 12 months of projected expenditures from the fund in regard to the department’s functions and duties under subsection (7) of this section and ORS 656.445, 656.622, 656.625, 656.628 and 656.630, in a manner that minimizes the volatility of the rates assessed. If the department determines that the balance of the fund will fall below the balance required under this subsection, the department shall devise and report to the Workers’ Compensation Management-Labor Advisory Committee a plan to increase the balance to the required amount. The department may set the assessment rate at a higher level if the department determines that a higher rate is necessary to avoid unintentional program or benefit reductions in the time period immediately following the period for which the rate is being set.

      (6) Every employer required to pay the assessments referred to in this section shall make and file a report of employee hours worked and amounts due under this section upon a combined report form prescribed by the Department of Revenue. The report must be filed with the Department of Revenue:

      (a) At the times and in the manner prescribed in ORS 316.168 and 316.171; or

      (b) Annually as required or allowed pursuant to ORS 316.197, 657.571 or 657B.150.

      (7) There is established a Retroactive Program for the purpose of providing increased benefits to claimants or beneficiaries eligible to receive compensation under the benefit schedules of ORS 656.204, 656.206, 656.208 and 656.210 that are lower than currently being paid for like injuries. However, benefits payable under ORS 656.210 may not be increased by the Retroactive Program for claimants whose injury occurred on or after April 1, 1974. Notwithstanding the formulas for computing benefits provided in ORS 656.204, 656.206, 656.208 and 656.210, the increased benefits payable under this subsection must be in such amount as the director considers appropriate. The director annually shall compute the amount which may be available during the succeeding year for payment of such increased benefits and determine the level of benefits to be paid during such year. If, during such year, it is determined by the director that there are insufficient funds to increase benefits to the level fixed by the director, the director may reduce the level of benefits payable under this subsection. The increase in benefits to workers is payable in the first instance by the insurer or self-insured employer subject to reimbursement from the Workers’ Benefit Fund by the director. If the insurer is a member of the Oregon Insurance Guaranty Association and becomes insolvent and the Oregon Insurance Guaranty Association assumes the insurer’s obligations to pay covered claims of subject workers, including Retroactive Program benefits, the benefits are payable in the first instance by the Oregon Insurance Guaranty Association, subject to reimbursement from the Workers’ Benefit Fund by the director. [Amended by 1955 c.323 §1; 1965 c.285 §70; 1971 c.768 §1; 1973 c.55 §1; 1974 c.41 §8; 1977 c.143 §2; 1979 c.845 §5; 1983 c.391 §1; 1985 c.739 §1; 1990 c.2 §31; 1993 c.760 §1; 1995 c.332 §63; 1995 c.527 §1; 1995 c.641 §20; 1999 c.118 §1; 2001 c.591 §1; 2001 c.974 §7; 2014 c.48 §7; 2019 c.494 §1; 2021 c.257 §4; 2025 c.27 §3]

 

      656.507 [1953 c.679 §1; 1959 c.450 §7; repealed by 1965 c.285 §95]

Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1976–2026 · leading case: Dep't of Consum. & Bus. Servs. v. Muliro, 380 P.3d 270 (Or. 2016).
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Dep't of Consum. & Bus. Servs. v. Muliro, 380 P.3d 270 (Or. 2016). · cites it 3× “054; ORS 656.506; ORS 656.735. Assessments collected for the Fund are computed yearly to meet its needs.”
Volk v. Am. West Airlines, 899 P.2d 746 (Or. Ct. App. 1995). ““(7) The amendments to ORS 656.506 by sections 63 of this Act first become operative October 1, 1995.”
Crouse v. Workmen's Comp. Bd., 554 P.2d 568 (Or. Ct. App. 1976). · cites it 2× “"(3) The Second Injury Reserve shall be made up of and operated with moneys collected [from employes and transmitted to the board by employers] as provided in ORS 656.506. The board may also transfer from any surplus in the Administrative Fund to the Second Injury Reserve in any…”
Fromme v. Fred Meyer, Inc., 761 P.2d 515 (Or. 1988). “538 [Assessment for handicapped workers reserve and workers’ reemployment reserve], none of the cost of workers’ compensation to employers under ORS 656.”
Hanna v. Fairview Hosp., 756 P.2d 42 (Or. Ct. App. 1988). · cites it 2× “236(2) by adding the emphasized language: “Except as provided in ORS 656.506 and 656.538, none of the cost of workers’ compensation to employers under ORS 656.”
DCBS v. Muliro (Or. 2016). · cites it 3× “054; ORS 656.506; ORS 656.735. Assessments collected for the Fund are computed yearly to meet its needs.”
D & M Prods., Inc. v. Workmen's Comp. Bd., 567 P.2d 1066 (Or. Ct. App. 1977). · cites it 2× “"(3) The Second Injury Reserve shall be made up of and operated with moneys collected as provided in ORS 656.506. The board may also transfer from any surplus in the Administrative Fund to the Second Injury Reserve in any fiscal year an amount not exceeding the receipts of the…”
Gessele v. Jack In The Box Inc. (D. Or. 2023). · cites it 2× “Facts The WBF is a program authorized by Oregon Revised Statute § 656.506 that provides various benefits to workers injured on the job in Oregon.”
Gessele v. Jack in the Box Inc. (9th Cir. 2025). · cites it 2× “See Or. Rev. Stat. §§ 656.506 (2), 656.506(3).”
Gessele v. Jack in the Box Inc. (9th Cir. 2026). · cites it 2× “See Or. Rev. Stat. §§ 656.506 (2), 656.506(3).”
Barton v. SAIF Corp., 761 P.2d 518 (Or. 1988). “236(2) now provides: “Except as provided in ORS 656.506 [Assessments for retroactive reserve and workers’ reemployment reserve] and ORS 656.”
Brown v. Nelson Int'l, 843 P.2d 463 (Or. Ct. App. 1992). · cites it 2× “ORS 656.506(3). 1 *28 Affirmed. ORS 656.506(3) provides, in part: “The purpose of the Retroactive Reserve is to provide increased benefits to claimants or beneficiaries eligible to receive compensation under the benefit schedules of ORS 656.”
— Or. Rev. Stat. § 656.506(3) — 1 case
Brown v. Nelson Int'l, 843 P.2d 463 (Or. Ct. App. 1992). “ORS 656.506(3). 1 *28 Affirmed. ORS 656.506(3) provides, in part: “The purpose of the Retroactive Reserve is to provide increased benefits to claimants or beneficiaries eligible to receive compensation under the benefit schedules of ORS 656.”
— Or. Rev. Stat. § 656.506(4) — 2 cases
Dep't of Consum. & Bus. Servs. v. Muliro, 380 P.3d 270 (Or. 2016). “054; ORS 656.506; ORS 656.735. Assessments collected for the Fund are computed yearly to meet its needs.”
DCBS v. Muliro (Or. 2016). “054; ORS 656.506; ORS 656.735. Assessments collected for the Fund are computed yearly to meet its needs.”
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