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Oregon adopts permanent award rules for denied permits



The Oregon Workers’ Compensation Division adopted permanent rules, effective Dec. 4, that clarify when distributions are still acceptable for a denied permit, based on a state Supreme Court decision issued earlier this year.

Oregon Supreme Court, i Johnson v. SAIF Corp., held that an employee is entitled to the full value of the total write-down, including a portion attributable to a denied permit, when a compensable injury is a substantial cause.

The new rules will clarify that awarding for a denied permit is not permitted unless the denied permit is a combined permit denied for an important contributing cause or a combined permit denied altogether. The rules also state that a worker̵

7;s residual functional capacity cannot be adjusted because of a denied condition without a denial of a combined condition for any of the substantial contributing causes of a condition in its entirety.

The rules also allow distribution of irreversible disability findings or surgical values ​​if the loss is caused in part by a superimposed condition or a pre-existing condition that is part of a denied combined condition.

WorkCompCentral is a sister magazine to Business Insurance. More stories here.


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