656.726 Duties
and powers to carry out workers’ compensation and occupational safety laws;
rules. (1) The
Workers’ Compensation Board in its name and the Director of the Department of
Consumer and Business Services in the director’s name as director may sue and
be sued, and each shall have a seal.
(2) The board
hereby is charged with reviewing appealed orders of Administrative Law Judges
in controversies concerning a claim arising under this chapter, exercising own
motion jurisdiction under this chapter and providing such policy advice as the
director may request, and providing such other review functions as may be
prescribed by law. To that end any of its members or assistants authorized
thereto by the members shall have power to:
(a) Hold sessions
at any place within the state.
(b) Administer
oaths.
(c) Issue and
serve by the board’s representatives, or by any sheriff, subpoenas for the
attendance of witnesses and the production of papers, contracts, books,
accounts, documents and testimony before any hearing under ORS 654.001 to
654.295, 654.412 to 654.423, 654.750 to 654.780 and this chapter.
(d) Generally
provide for the taking of testimony and for the recording of proceedings.
(3) The board
chairperson is hereby charged with the administration of and responsibility for
the Hearings Division.
(4) The director
hereby is charged with duties of administration, regulation and enforcement of
ORS 654.001 to 654.295, 654.412 to 654.423, 654.750 to 654.780 and this
chapter. To that end the director may:
(a) Make and
declare all rules and issue orders which are reasonably required in the
performance of the director’s duties. Unless otherwise specified by law, all
reports, claims or other documents shall be deemed timely provided to the
director or board if mailed by regular mail or delivered within the time
required by law. Notwithstanding any other provision of this chapter, the
director may adopt rules to allow for the electronic transmission and filing of
reports, claims or other documents required to be filed under this chapter and
to require the electronic transmission and filing of proof of coverage required
under ORS 656.419, 656.423 and 656.427. Notwithstanding ORS 183.310 to 183.410,
if a matter comes before the director that is not addressed by rule and the
director finds that adoption of a rule to accommodate the matter would be
inefficient, unreasonable or unnecessarily burdensome to the public, the
director may resolve the matter by issuing an order, subject to review under
ORS 656.704. Such order shall not have precedential effect as to any other
situation.
(b) Hold sessions
at any place within the state.
(c) Administer
oaths.
(d) Issue and
serve by representatives of the director, or by any sheriff, subpoenas for the
attendance of witnesses and the production of papers, contracts, books,
accounts, documents and testimony in any inquiry, investigation, proceeding or
rulemaking hearing conducted by the director or the director’s representatives.
The director may require the attendance and testimony of employers, their
officers and representatives in any inquiry under this chapter, and the
production by employers of books, records, papers and documents without the
payment or tender of witness fees on account of such attendance.
(e) Generally
provide for the taking of testimony and for the recording of such proceedings.
(f) Provide
standards for the evaluation of disabilities. The following provisions apply to
the standards:
(A) The criterion
for evaluation of permanent impairment under ORS 656.214 is the loss of use or
function of a body part or system due to the compensable industrial injury or
occupational disease. Permanent impairment is expressed as a percentage of the whole
person. The impairment value may not exceed 100 percent of the whole person.
(B) Impairment is
established by a preponderance of medical evidence based upon objective
findings.
(C) The criterion
for evaluation of work disability under ORS 656.214 is permanent impairment as
modified by the factors of age, education and adaptability to perform a given
job.
(D) When, upon
reconsideration of a notice of closure pursuant to ORS 656.268, it is found
that the worker’s disability is not addressed by the standards adopted pursuant
to this paragraph, notwithstanding ORS 656.268, the director shall, in the
order on reconsideration, determine the extent of permanent disability that
addresses the worker’s impairment.
(E)
Notwithstanding any other provision of this section, only impairment benefits
shall be awarded under ORS 656.214 if the worker has been released to regular
work by the attending physician or nurse practitioner authorized to provide
compensable medical services under ORS 656.245 or has returned to regular work
at the job held at the time of injury.
(g) Prescribe
procedural rules for and conduct hearings, investigations and other proceedings
pursuant to ORS 654.001 to 654.295, 654.412 to 654.423, 654.750 to 654.780 and
this chapter regarding all matters other than those specifically allocated to
the board or the Hearings Division.
(h) Participate
fully in any proceeding before the Hearings Division, board or Court of Appeals
in which the director determines that the proceeding involves a matter that
affects or could affect the discharge of the director’s duties of
administration, regulation and enforcement of ORS 654.001 to 654.295, 654.412
to 654.423, 654.750 to 654.780 and this chapter.
(5)(a) The board
may make and declare all rules which are reasonably required in the performance
of its duties, including but not limited to rules of practice and procedure in
connection with hearing and review proceedings and exercising its authority under
ORS 656.278. The board shall adopt standards governing the format and timing of
the evidence. The standards shall be uniformly followed by all Administrative
Law Judges and practitioners. The rules may provide for informal prehearing
conferences in order to expedite claim adjudication, amicably dispose of
controversies, if possible, narrow issues and simplify the method of proof at
hearings. The rules shall specify who may appear with parties at prehearing
conferences and hearings.
(b)
Notwithstanding any other provision of this chapter, the board may adopt rules
to allow for the electronic transmission of filings, reports, notices and other
documents required to be filed under the board’s authority.
(6) The director
and the board chairperson may incur such expenses as they respectively
determine are reasonably necessary to perform their authorized functions.
(7) The director,
the board chairperson and the State Accident Insurance Fund Corporation shall
have the right, not subject to review, to contract for the exchange of, or
payment for, such services between them as will reduce the overall cost of
administering this chapter.
(8) The director
shall have lien and enforcement powers regarding assessments to be paid by
subject employers in the same manner and to the same extent as is provided for
lien and enforcement of collection of premiums and assessments by the
corporation under ORS 656.552 to 656.566.
(9) The director
shall have the same powers regarding inspection of books, records and payrolls
of employers as are granted the corporation under ORS 656.758. The director may
disclose information obtained from such inspections to the Director of the Department
of Revenue to the extent the Director of the Department of Revenue requires
such information to determine that a person complies with the revenue and tax
laws of this state and to the Director of the Employment Department to the
extent the Director of the Employment Department requires such information to
determine that a person complies with ORS chapter 657.
(10) The director
shall collect hours-worked data information in addition to total payroll for
workers engaged in various jobs in the construction industry classifications
described in the job classification portion of the Workers’ Compensation and
Employers Liability Manual and the Oregon Special Rules Section published by
the National Council on Compensation Insurance. The information shall be
collected in the form and format necessary for the National Council on
Compensation Insurance to analyze premium equity. [Formerly 656.410; 1977 c.804
§30; 1979 c.677 §2; 1979 c.839 §20; 1981 c.535 §45; 1981 c.723 §5; 1981 c.854 §49a;
1981 c.876 §9; 1985 c.600 §16; 1985 c.706 §4; 1985 c.770 §4; 1987 c.884 §2;
1990 c.2 §40; 1995 c.332 §55; amendments by 1995 c.332 §55a repealed by 1999
c.6 §1; 1999 c.313 §10; 1999 c.876 §9; 2003 c.170 §7; 2003 c.171 §1; 2003 c.657
§§3,4; 2003 c.811 §§17,18; 2005 c.26 §§16,17; 2005 c.653 §§1,2a; 2007 c.241 §§4,5;
2007 c.270 §§7,8; 2007 c.274 §2; 2013 c.162 §1]
Notes of Decisions
Cited in
126
cases (
10 in the last 5 years), 1971–2026 · leading case:
Shubert v. Blue Chips, 951 P.2d 172 (Or. Ct. App. 1997).
Shubert v. Blue Chips, 951 P.2d 172 (Or. Ct. App. 1997).
· cites it 60× “The majority is wrong to conclude that the Board does not have the authority to review the validity of a temporary rule adopted by the director pursuant to ORS 656.”
Suchi v. SAIF Corp., 241 P.3d 1174 (Or. Ct. App. 2010).
· cites it 20× “214(l)(a) defines “impairment” as “the loss of use or function of a body part or system due to the compensable industrial injury or occupational disease determined in accordance with the standards provided under ORS 656.726, expressed as a percentage of the whole person.”
Booth v. Tektronix, Inc., 823 P.2d 402 (Or. 1991).
· cites it 14× “" ORS 656.726(3)(a). [5] This phrase was added to the statute in 1987.”
Schleiss v. SAIF Corp., 317 P.3d 244 (Or. 2013).
· cites it 7× “214, which authorizes awards of PPD, provides, in part, that, *641 “(l)(a) ‘Impairment’ means the loss of use or function of a body part or system due to the compensable industrial injury or occupational disease determined in accordance with the standards provided under ORS…”
Shubert v. Blue Chips, 9 P.3d 114 (Or. 2000).
· cites it 22× “This action was within the Director’s authority pursuant to ORS 656.726([4)](f)(C).” On claimant’s petition for judicial review of the Board’s decision, a divided Court of Appeals affirmed.”
Fred Meyer Stores v. Godfrey, 180 P.3d 98 (Or. Ct. App. 2008).
· cites it 14× “Indeed, ORS 656.726(5) provides the board with the authority to make rules of practice and procedure in connection with the proceedings before it: "The board may make and declare all rules which are reasonably required in the performance of its duties, including but not limited…”
Trujillo v. Pac. Saf. Supply, 84 P.3d 119 (Or. 2004).
· cites it 6× “” 16 ORS 656.726 provides generally for the duties and powers of the director of the Department of Consumer and Business Services to administer the workers’ compensation laws.”
Caren v. Providence Health Sys. Or. (In re Caren), 446 P.3d 67 (Or. 2019).
· cites it 3× “6 The pertinent portions of that statute specify: *72 "(1) As used in this section: "(a) 'Impairment' means the loss of use or function of a body part or system due to the compensable industrial injury or occupational disease determined in accordance **474 with the standards…”
Carroll v. Boise Cascade Corp., 910 P.2d 1111 (Or. Ct. App. 1996).
· cites it 6× “And it provides that earning capacity is to be calculated by “using the standards specified in ORS 656.726-(3)(f),” which provides that earning capacity *616 “shall be permanent impairment due to the industrial injury as modified by the factors of age, education and adaptability…”
Brown v. SAIF Corp., 391 P.3d 773 (Or. 2017).
“In fact, throughout the workers’ compensation statutes, the term “medical evidence” refers to the evidence required to establish medical conditions such as the extent of impairment, ORS 656.726(4)(f)(B) (extent of impairment from disability must be “established by a…”
Trujillo v. Pac. Saf. Supply, 45 P.3d 1017 (Or. Ct. App. 2002).
· cites it 4× “' ORS 656.726(4)(f)(A). The Department of Consumer and Business Services provides formulas for expressing these modifying factors as numbers.”
Barackman v. Gen. Tel. Co. of Nw., Inc., 548 P.2d 1341 (Or. Ct. App. 1976).
· cites it 6× “As it is specifically authorized to do by ORS 656.726(4), [3] the Board has adopted administrative rules governing the procedures on its own-motion-jurisdiction cases.”
— Or. Rev. Stat. § 656.726(2) — 7 cases
— Or. Rev. Stat. § 656.726(2)(b) — 1 case
— Or. Rev. Stat. § 656.726(3) — 12 cases
Shubert v. Blue Chips, 951 P.2d 172 (Or. Ct. App. 1997).
“The majority is wrong to conclude that the Board does not have the authority to review the validity of a temporary rule adopted by the director pursuant to ORS 656.”
— Or. Rev. Stat. § 656.726(3)(a) — 5 cases
Booth v. Tektronix, Inc., 823 P.2d 402 (Or. 1991).
“" ORS 656.726(3)(a). [5] This phrase was added to the statute in 1987.”
— Or. Rev. Stat. § 656.726(3)(f) — 14 cases
Shubert v. Blue Chips, 951 P.2d 172 (Or. Ct. App. 1997).
“The majority is wrong to conclude that the Board does not have the authority to review the validity of a temporary rule adopted by the director pursuant to ORS 656.”
Carroll v. Boise Cascade Corp., 910 P.2d 1111 (Or. Ct. App. 1996).
“And it provides that earning capacity is to be calculated by “using the standards specified in ORS 656.726-(3)(f),” which provides that earning capacity *616 “shall be permanent impairment due to the industrial injury as modified by the factors of age, education and adaptability…”
— Or. Rev. Stat. § 656.726(3)(f)(A) — 4 cases
Carroll v. Boise Cascade Corp., 910 P.2d 1111 (Or. Ct. App. 1996).
“And it provides that earning capacity is to be calculated by “using the standards specified in ORS 656.726-(3)(f),” which provides that earning capacity *616 “shall be permanent impairment due to the industrial injury as modified by the factors of age, education and adaptability…”
— Or. Rev. Stat. § 656.726(3)(f)(B) — 6 cases
— Or. Rev. Stat. § 656.726(3)(f)(C) — 6 cases
Shubert v. Blue Chips, 951 P.2d 172 (Or. Ct. App. 1997).
“The majority is wrong to conclude that the Board does not have the authority to review the validity of a temporary rule adopted by the director pursuant to ORS 656.”
Shubert v. Blue Chips, 9 P.3d 114 (Or. 2000).
“This action was within the Director’s authority pursuant to ORS 656.726([4)](f)(C).” On claimant’s petition for judicial review of the Board’s decision, a divided Court of Appeals affirmed.”
— Or. Rev. Stat. § 656.726(3)(f)(D) — 2 cases
— Or. Rev. Stat. § 656.726(3)(g) — 3 cases
— Or. Rev. Stat. § 656.726(4) — 19 cases
Booth v. Tektronix, Inc., 823 P.2d 402 (Or. 1991).
“" ORS 656.726(3)(a). [5] This phrase was added to the statute in 1987.”
Suchi v. SAIF Corp., 241 P.3d 1174 (Or. Ct. App. 2010).
“214(l)(a) defines “impairment” as “the loss of use or function of a body part or system due to the compensable industrial injury or occupational disease determined in accordance with the standards provided under ORS 656.726, expressed as a percentage of the whole person.”
Barackman v. Gen. Tel. Co. of Nw., Inc., 548 P.2d 1341 (Or. Ct. App. 1976).
“As it is specifically authorized to do by ORS 656.726(4), [3] the Board has adopted administrative rules governing the procedures on its own-motion-jurisdiction cases.”
Caren v. Providence Health Sys. Or. (In re Caren), 446 P.3d 67 (Or. 2019).
“6 The pertinent portions of that statute specify: *72 "(1) As used in this section: "(a) 'Impairment' means the loss of use or function of a body part or system due to the compensable industrial injury or occupational disease determined in accordance **474 with the standards…”
— Or. Rev. Stat. § 656.726(4)(a) — 5 cases
— Or. Rev. Stat. § 656.726(4)(d) — 1 case
Trujillo v. Pac. Saf. Supply, 84 P.3d 119 (Or. 2004).
“” 16 ORS 656.726 provides generally for the duties and powers of the director of the Department of Consumer and Business Services to administer the workers’ compensation laws.”
— Or. Rev. Stat. § 656.726(4)(f) — 8 cases
Caren v. Providence Health Sys. Or. (In re Caren), 446 P.3d 67 (Or. 2019).
“6 The pertinent portions of that statute specify: *72 "(1) As used in this section: "(a) 'Impairment' means the loss of use or function of a body part or system due to the compensable industrial injury or occupational disease determined in accordance **474 with the standards…”
— Or. Rev. Stat. § 656.726(4)(f)(A) — 9 cases
Schleiss v. SAIF Corp., 317 P.3d 244 (Or. 2013).
“214, which authorizes awards of PPD, provides, in part, that, *641 “(l)(a) ‘Impairment’ means the loss of use or function of a body part or system due to the compensable industrial injury or occupational disease determined in accordance with the standards provided under ORS…”
Trujillo v. Pac. Saf. Supply, 45 P.3d 1017 (Or. Ct. App. 2002).
“' ORS 656.726(4)(f)(A). The Department of Consumer and Business Services provides formulas for expressing these modifying factors as numbers.”
Trujillo v. Pac. Saf. Supply, 84 P.3d 119 (Or. 2004).
“” 16 ORS 656.726 provides generally for the duties and powers of the director of the Department of Consumer and Business Services to administer the workers’ compensation laws.”
— Or. Rev. Stat. § 656.726(4)(f)(B) — 6 cases
Brown v. SAIF Corp., 391 P.3d 773 (Or. 2017).
“In fact, throughout the workers’ compensation statutes, the term “medical evidence” refers to the evidence required to establish medical conditions such as the extent of impairment, ORS 656.726(4)(f)(B) (extent of impairment from disability must be “established by a…”
— Or. Rev. Stat. § 656.726(4)(f)(C) — 5 cases
Shubert v. Blue Chips, 9 P.3d 114 (Or. 2000).
“This action was within the Director’s authority pursuant to ORS 656.726([4)](f)(C).” On claimant’s petition for judicial review of the Board’s decision, a divided Court of Appeals affirmed.”
— Or. Rev. Stat. § 656.726(4)(f)(D) — 3 cases
— Or. Rev. Stat. § 656.726(4)(f)(D)(i) — 1 case
— Or. Rev. Stat. § 656.726(4)(f)(E) — 5 cases
Suchi v. SAIF Corp., 241 P.3d 1174 (Or. Ct. App. 2010).
“214(l)(a) defines “impairment” as “the loss of use or function of a body part or system due to the compensable industrial injury or occupational disease determined in accordance with the standards provided under ORS 656.726, expressed as a percentage of the whole person.”
— Or. Rev. Stat. § 656.726(4)(f)(E)(iii) — 1 case
Suchi v. SAIF Corp., 241 P.3d 1174 (Or. Ct. App. 2010).
“214(l)(a) defines “impairment” as “the loss of use or function of a body part or system due to the compensable industrial injury or occupational disease determined in accordance with the standards provided under ORS 656.726, expressed as a percentage of the whole person.”
— Or. Rev. Stat. § 656.726(4)(f)(b) — 1 case
— Or. Rev. Stat. § 656.726(4)(g) — 2 cases
— Or. Rev. Stat. § 656.726(4)(i)(E)(iii) — 1 case
Suchi v. SAIF Corp., 241 P.3d 1174 (Or. Ct. App. 2010).
“214(l)(a) defines “impairment” as “the loss of use or function of a body part or system due to the compensable industrial injury or occupational disease determined in accordance with the standards provided under ORS 656.726, expressed as a percentage of the whole person.”
— Or. Rev. Stat. § 656.726(4Kf) — 1 case
Shubert v. Blue Chips, 9 P.3d 114 (Or. 2000).
“This action was within the Director’s authority pursuant to ORS 656.726([4)](f)(C).” On claimant’s petition for judicial review of the Board’s decision, a divided Court of Appeals affirmed.”
— Or. Rev. Stat. § 656.726(5) — 11 cases
Fred Meyer Stores v. Godfrey, 180 P.3d 98 (Or. Ct. App. 2008).
“Indeed, ORS 656.726(5) provides the board with the authority to make rules of practice and procedure in connection with the proceedings before it: "The board may make and declare all rules which are reasonably required in the performance of its duties, including but not limited…”
Booth v. Tektronix, Inc., 823 P.2d 402 (Or. 1991).
“" ORS 656.726(3)(a). [5] This phrase was added to the statute in 1987.”
— Or. Rev. Stat. § 656.726(5)(a) — 1 case
— Or. Rev. Stat. § 656.726(7) — 1 case
— Or. Rev. Stat. § 656.726(f) — 1 case
Shubert v. Blue Chips, 951 P.2d 172 (Or. Ct. App. 1997).
“The majority is wrong to conclude that the Board does not have the authority to review the validity of a temporary rule adopted by the director pursuant to ORS 656.”
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.