Or. Admin. Code § 436-035-0005 - Definitions
As used in OAR 436-035-0001 through 436-035-0500, unless the context requires otherwise:
(1) "Activities
of daily living (ADL)" include, but are not limited to, the following personal
activities required by an individual for continued well-being:
eating/nutrition; self-care and personal hygiene; communication and cognitive
functions; and physical activity, e.g., standing, walking, kneeling, hand
functions, etc.
(2) "Ankylosis"
means a bony fusion, fibrous union, or arthrodesis of a joint. Ankylosis does
not include pseudarthrosis or articular arthropathies.
(3) "Date of issuance" means the mailing date
of a notice of closure or Order on Reconsideration under ORS
656.268 and ORS
656.283(6).
(4) "Dictionary of Occupational
Titles" or (DOT) means the publication of the same name by the U.S. Department
of Labor, Fourth Edition Revised 1991.
(5) "Direct medical sequela" means a
condition that is clearly established medically and originates or stems from an
accepted condition. For example: The accepted condition is low back strain with
herniated disc at L4-5. The worker develops permanent weakness in the leg and
foot due to the accepted condition. The weakness is considered a "direct
medical sequela".
(6) "Earning
capacity" means impairment as modified by age, education, and adaptability.
(7) "Irreversible findings" for
the purposes of these rules are:
(a) Arm:
(A) Arm angulation;
(B) Radial head resection;
(C) Shortening;
(b) Eye:
(A) Enucleation;
(B) Lens implant;
(C) Lensectomy.
(c) Gonadal: Loss of gonads resulting in
absence of, or an abnormally high, hormone level.
(d) Hand:
(A) Carpal bone fusion;
(B) Carpal bone removal.
(e) Kidney: Nephrectomy;
(f) Leg:
(A) Knee angulation;
(B) Length discrepancy;
(C) Meniscectomy;
(D) Patellectomy.
(g) Lung: Lobectomy;
(h) Shoulder:
(A) Acromionectomy;
(B) Clavicle resection.
(i) Spine;
(A) Compression, spinous process, pedicle,
laminae, articular process, odontoid process, and transverse process fractures;
(B) Diskectomy;
(C) Laminectomy.
(j) Spleen: Splenectomy;
(k) Urinary tract diversion:
(A) Cutaneous ureterostomy without
intubation;
(B) Nephrostomy or
intubated uresterostomy;
(C)
Uretero-Intestinal.
(l)
Other:
(A) Amputations/resections;
(B) Ankylosed/fused joints;
(C) Displaced pelvic fracture ("healed" with
displacement);
(D) Loss of
opposition;
(E) Organ transplants
(heart, lung, liver, kidney);
(F)
Prosthetic joint replacements.
(8) "Medical arbiter" means a physician under
ORS 656.005(12)(b)(A)
appointed by the director under OAR
436-010-0330.
(9) "Offset" means to reduce a current
permanent partial disability award, or portions of the award, by a prior Oregon
workers' compensation permanent partial disability award from a different
claim.
(10) "Physician's release"
means written notification, provided by the attending physician to the worker
and the worker's employer or insurer, releasing the worker to work and
describing any limitations the worker has.
(11) "Preexisting condition"
(a) Injury claims. For all industrial injury
claims with a date of injury on or after Jan. 1, 2002, "preexisting condition"
means a condition that:
(A) Is arthritis or
an arthritic condition; or
(B) Was
treated or diagnosed before:
(i) The initial
injury in a claim for an initial injury or omitted condition;
(ii) The onset of the new medical condition
in a claim for a new medical condition; or
(iii) The onset of the worsened condition in
a claim for an aggravation under ORS
656.273 or
656.278.
(b) Occupational disease claims.
For all occupational disease claims with a date of injury on or after Jan. 1,
2002, "preexisting condition" means a condition that precedes the onset of the
claimed occupational disease, or precedes a claim for worsening under ORS
656.273 or
656.278.
(12) "Preponderance of medical evidence" or
"opinion" does not necessarily mean the opinion supported by the greater number
of documents or greater number of concurrences; rather it means the more
probative and more reliable medical opinion based upon factors including, but
not limited to, one or more of the following:
(a) The most accurate history,
(b) The most objective findings,
(c) Sound medical principles, or
(d) Clear and concise reasoning.
(13) "Redetermination"
means a reevaluation of disability under ORS
656.267,
656.268(10),
656.273, and
656.325.
(14) "Regular work" means the job the worker
held at the time of injury.
(15)
"Scheduled disability" means a compensable permanent loss of use or function
that results from injuries to those body parts listed in ORS
656.214(3)(a) through
(5).
(16) "Social-vocational factors" means age,
education, and adaptability factors under ORS
656.726(4)(f).
(17) "Superimposed condition"
means a condition that arises after the compensable injury or disease that
contributes to the worker's overall disability or need for treatment but is not
the result of the original injury or disease. Disability from a superimposed
condition is not rated. For example: The compensable injury results in a low
back strain. Two months after the injury, the worker becomes pregnant (non-work
related). The pregnancy is considered a "superimposed condition."
(18) "Unscheduled disability" means permanent
loss of earning capacity as a result of a compensable injury, as described in
these rules and arising from those losses under OAR
436-035-0330 through
436-035-0450.
(19) "Work disability," for the purposes of
determining permanent disability, means impairment as modified by age,
education, and adaptability to perform the job at which the worker was
injured.
Notes
Publications: Publications referenced are available from the agency.
Stat. Auth.: ORS 656.726
Stats. Implemented: ORS 656.005, 656.214, 656.267, 656.268, 656.273, 656.325 & 656.726
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