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Oregon Revised Statutes

Or. Rev. Stat. § 657.170 (2026)

Extending base year; limitation

✓ current as of May 2026
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      657.170 Extending base year; limitation. (1) If the Director of the Employment Department finds that during the base year of the individual any individual has been incapable of work during the greater part of any calendar quarter, such base year shall be extended a calendar quarter. Except as provided in subsection (2) of this section, no such extension of an individual’s base year shall exceed four calendar quarters.

      (2) If the director finds that during and prior to the individual’s base year the individual has had a period of temporary total disability caused by illness or injury and has received compensation under ORS chapter 656 for a period of temporary total disability during the greater part of any calendar quarter, the individual’s base year shall be extended as many calendar quarters as necessary to establish a valid claim, up to a maximum of four calendar quarters prior to the quarter in which the illness or injury occurred, if the individual:

      (a) Files a claim for benefits not later than the fourth calendar week of unemployment following whichever is the latest of the following dates:

      (A) The date the individual is released to return to work by the attending physician, as defined in ORS chapter 656, or a nurse practitioner authorized to provide compensable medical services under ORS 656.245; or

      (B) The date of mailing of a notice of claim closure pursuant to ORS chapter 656; and

      (b) Files such a claim within the three-year period immediately following the commencement of such period of illness or injury.

      (3) Notwithstanding the provisions of this section, benefits payable as a result of the use of wages paid in a calendar quarter prior to the individual’s current base year shall not exceed one-third of such wages less benefits paid previously as a result of the use of such wages in computing a previous benefit determination. [Amended by 1953 c.646 §2; 1961 c.208 §1; 1989 c.235 §1; 1995 c.105 §5; 1999 c.313 §14; 2003 c.811 §§19,20; 2005 c.218 §§5,6; 2007 c.365 §10]

Notes of Decisions
Cited in 2 cases, 1993–2003 · leading case: DuBois v. Emp. Dep't, 77 P.3d 641 (Or. Ct. App. 2003).
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DuBois v. Emp. Dep't, 77 P.3d 641 (Or. Ct. App. 2003). · cites it 9× “OAR 471-030-0023 provides: “As used in ORS 657.170, ‘incapable of work’ means inability to engage in any gainful occupation solely because of physical or mental defect, disease or injury * * The department’s interpretation of its rule follows directly from the rule’s text.”
Thompson v. Emp. Div., 861 P.2d 371 (Or. Ct. App. 1993). · cites it 6× “Claimant seeks judicial review of an order of the Employment Appeals Board (EAB) denying his request for an extension of his base year, ORS 657.170, for purposes of calculating unemployment benefits.”
— Or. Rev. Stat. § 657.170(1) — 1 case
DuBois v. Emp. Dep't, 77 P.3d 641 (Or. Ct. App. 2003). “OAR 471-030-0023 provides: “As used in ORS 657.170, ‘incapable of work’ means inability to engage in any gainful occupation solely because of physical or mental defect, disease or injury * * The department’s interpretation of its rule follows directly from the rule’s text.”
— Or. Rev. Stat. § 657.170(2) — 1 case
Thompson v. Emp. Div., 861 P.2d 371 (Or. Ct. App. 1993). “Claimant seeks judicial review of an order of the Employment Appeals Board (EAB) denying his request for an extension of his base year, ORS 657.170, for purposes of calculating unemployment benefits.”
— Or. Rev. Stat. § 657.170(2)(a) — 1 case
Thompson v. Emp. Div., 861 P.2d 371 (Or. Ct. App. 1993). “Claimant seeks judicial review of an order of the Employment Appeals Board (EAB) denying his request for an extension of his base year, ORS 657.170, for purposes of calculating unemployment benefits.”
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