Oregon Revised Statutes

Or. Rev. Stat. § 656.622 (2026)

Reemployment Assistance Program; claim data not to be used for insurance rating; rules

✓ current as of May 2026

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656.622 Reemployment Assistance Program; claim data not to be used for insurance rating; rules. (1) There is established a Reemployment Assistance Program for the benefit of employers and workers and for the purpose of:

(a) Giving employers and workers the benefits provided in this section.

(b) Providing reimbursement of reasonable program administration costs of self-insured employers and of insurers of employers who participate in any program funded through the Reemployment Assistance Program.

(2) In order to preclude or reduce nondisabling claims from becoming disabling claims, preclude on-the-job injuries from recurring, reduce disability by returning injured workers to work sooner and to help injured workers remain employed, the Director of the Department of Consumer and Business Services may provide assistance to employers from the Reemployment Assistance Program in such manner and amount as the director considers appropriate. Assistance may include, but need not be limited to, modification of work sites. For purposes of this subsection, work site modification may include engineering design work and occupational health consulting services. Factors to be considered by the director in determining the extent of assistance must include but need not be limited to the employer’s record of returning injured workers to the workplace and the cost-effectiveness of modifications. Assistance may be provided in the form of grants and matching contributions from employers for funds.

(3) In order to encourage the employment of individuals who have incurred compensable injuries that result in disability which may be a substantial obstacle to employment, the director may provide, to eligible injured workers and to employers who employ them, assistance from the Workers’ Benefit Fund in such manner and amount as the director considers appropriate.

(4)(a) In addition to such assistance as the director may provide under this section, the director shall provide reimbursement to self-insured employers or to the insurers of employers who hire preferred workers for the claim costs incurred for injuries to those workers during the first three years from the date of hire, as follows:

(A) The claim costs of injuries incurred by those workers.

(B) Reasonable claims administration costs.

(b) A worker may not waive eligibility for preferred worker status in the claim by agreement pursuant to ORS 656.236.

(5)(a) In addition to such assistance as the Director of the Department of Consumer and Business Services may provide under subsection (3) of this section, the director shall provide to participating self-insured employers and the insurers of participating employers reimbursement of reasonable program administration costs.

(b) As used in this subsection, “participating employer” or “participating self-insured employer” means an employer participating in any program funded through the Reemployment Assistance Program.

(6) Notwithstanding any other provision of law, determinations by the director regarding assistance pursuant to this section are not subject to review by any court or other administrative body.

(7) The Reemployment Assistance Program shall be funded with moneys collected as provided in ORS 656.506.

(8) Any assistance from the Reemployment Assistance Program shall be to the extent of the moneys available in the Workers’ Benefit Fund, for the purpose of the program as determined by the director.

(9) The director may make such rules as may be required to establish, regulate, manage and disburse moneys in the Workers’ Benefit Fund in accordance with the intent of this section. Such rules shall include, but are not limited to, the eligibility criteria to receive assistance under this section and the issuance of identity cards to preferred workers to assist employers in the administration of the program.

(10) If claim cost reimbursement is requested under subsection (4) of this section, claims costs incurred as a result of an injury sustained by a preferred worker during the three years after that worker is hired shall not be included in any data used for ratemaking or individual employer rating or dividend calculations by an insurer, a rating organization licensed pursuant to ORS chapter 737, the State Accident Insurance Fund Corporation or the Department of Consumer and Business Services. Neither insurance premiums nor premium assessments under this chapter are payable for preferred workers during the first three years from the date of hire.

(11) Any moneys from the Workers’ Benefit Fund reimbursed to an agency for costs incurred in reemploying injured state workers in the manner described in ORS 659A.052 or in providing wage subsidies for the reemployment of injured state workers shall be outside the biennial expenditure limitation imposed on the agency by the Legislative Assembly and shall be available for expenditure by the agency as a continuous appropriation.

(12) As used in this section, “preferred worker” means a worker who, because of a permanent disability resulting from a compensable injury or occupational disease, is unable to return to the worker’s regular employment, whether or not an order has been issued awarding permanent disability. [1965 c.285 §68; 1969 c.536 §3; 1971 c.768 §3; 1977 c.557 §2; 1981 c.854 §60; 1983 c.391 §4; 1983 c.816 §13; 1985 c.600 §13; 1985 c.770 §2; 1987 c.884 §20; 1990 c.2 §36; 1991 c.93 §11; 1991 c.496 §1; 1991 c.694 §1; 1993 c.760 §3; 1995 c.332 §49; 1995 c.641 §21; 1999 c.273 §4; 2005 c.588 §1; 2007 c.241 §16; 2009 c.36 §§3,4]

656.624 [Formerly 656.584; 1983 c.740 §244; repealed by 1987 c.250 §1]

Notes of Decisions

Cited in 10 cases, 1970–2019 · leading case: Bauman v. State Accident Ins. Fund Corp., 670 P.2d 1027 (Or. 1983).

Sort: Relevance Newest Treatment

Bauman v. State Accident Ins. Fund Corp., 670 P.2d 1027 (Or. 1983). “(d) Inform the claimant of assistance available to employers for job site modification under ORS 656.622. “(7) If an insurer or any other duly authorized agent of the employer for such purpose, on record with the Director of the Workers’ Compensation Department denies a claim…”

Crouse v. Workmen's Comp. Bd., 554 P.2d 568 (Or. Ct. App. 1976). · cites it 4× “The Board order is based upon one of its rules for the administration of the Second Injury Fund which provides: "An employer who is in a noncomplying status within the meaning of the Workmen’s Compensation Law at the time of the disabling injury for which second injury benefits…”

Johnson v. Spectra Physics, 733 P.2d 1367 (Or. 1987). ““(b) Inform the claimant of hearing and aggravation rights concerning non-disabling injuries including the right to object to a decision that the injury of the claimant is nondisabling by requesting a determination thereon pursuant to ORS 656.268. “(c) Inform the claimant of…”

Johnsen v. Mel-Ken Motors, Inc., 894 P.2d 540 (Or. Ct. App. 1995). “340; ORS 656.622. The first alternative contemplates the return of the injured worker to the worker’s previous employment by modifying the worksite with funds provided by the state.”

Mathis v. State Accident Ins. Fund, 499 P.2d 1331 (Or. Ct. App. 1972). “In the latter situation the legislature has afforded some relief through the Second Injury Reserve, ORS 656.622. Thus, defendant’s contentions of the harshness of the general rule should be directed to the legislature.”

Mansfield v. Caplener Bros., 474 P.2d 785 (Or. Ct. App. 1970). “This finding states that it is “Based on the entire record forwarded by the Board and additional testimony and written evidence presented at these three hearings, which additional evidence concerning disability was not obtainable at the time of the first hearing * * (Emphasis…”

Harry & David v. Workmen's Comp. Bd., 488 P.2d 829 (Or. Ct. App. 1971). · cites it 2× “Plaintiff applied for benefits from the Second Injury Reserve under the second injury program, pursuant to ORS 656.622 and ORS 656.638, as they were in 1968.”

D & M Prods., Inc. v. Workmen's Comp. Bd., 567 P.2d 1066 (Or. Ct. App. 1977). · cites it 3× “ORS 656.622 provides: "(1) The board shall establish a Second Injury Reserve within the Administrative Fund for the benefit of employers and their workmen and for the purpose of: "(a) Giving employers and their workmen the benefits provided in subsection (2) of this section * *…”

Shearer's Foods v. Hoffnagle, 395 P.3d 622 (Or. Ct. App. 2017). “262(6)(b) and OAR 436-060-0140 (4) provide, in pertinent part, that a notice of acceptance must furnish a claimant with information regarding what conditions are compensable; whether the claim is considered disabling or non-disabling; the Expedited Claim Service and the hearing…”

Eggert v. SAIF, 301 Or. App. 177 (Or. Ct. App. 2019). “The requirement that a disputed claim be accepted and processed while under review or on appeal presents a conundrum for the insurer in light of Mize, where we held “(E) Inform the claimant of assistance available to employers and work- ers from the Reemployment Assistance…”

— Or. Rev. Stat. § 656.622(2) — 1 case

D & M Prods., Inc. v. Workmen's Comp. Bd., 567 P.2d 1066 (Or. Ct. App. 1977). “ORS 656.622 provides: "(1) The board shall establish a Second Injury Reserve within the Administrative Fund for the benefit of employers and their workmen and for the purpose of: "(a) Giving employers and their workmen the benefits provided in subsection (2) of this section * *…”

— Or. Rev. Stat. § 656.622(4) — 1 case

Harry & David v. Workmen's Comp. Bd., 488 P.2d 829 (Or. Ct. App. 1971). “Plaintiff applied for benefits from the Second Injury Reserve under the second injury program, pursuant to ORS 656.622 and ORS 656.638, as they were in 1968.”

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