Or. Admin. R. 436-035-0016

Current through Register Vol. 63, No. 6, June 1, 2024

Section 436-035-0016 - Reopened Claim for Aggravation/Worsening

(1) Worsened conditions. When an aggravation claim is closed, the extent of permanent disability caused by any worsened condition accepted under the aggravation claim is compared to the extent of disability that existed at the time of the last award or arrangement of compensation.

(2) Conditions not actually worsened. Permanent disability caused by conditions not actually worsened continues to be the same as that established at the last arrangement of compensation.

(3) Redetermination of permanent disability. Except as provided by ORS 656.325 and 656.268(10), where a redetermination of permanent disability under ORS 656.273 results in an award that is less than the total of the worker's prior arrangements of compensation in the claim, the award is not reduced.

Or. Admin. R. 436-035-0016

WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06; WCD 1-2015, f. 1-29-15, cert. ef. 3/1/2015

Stat. Auth.: ORS 656.726 & 656.273

Stats. Implemented.: ORS 656.005, 656.214, 656.268 & 656.726