Or. Admin. Code § 436-035-0012 - Social-Vocational Factors (Age/Education/Adaptability) and the Calculation of Work Disability
(1)
Social-vocational factors.
(a) If
a worker is eligible for an award for work disability, the factors of age,
education, and adaptability are determined under this rule and used to
calculate the worker's social-vocational factor. The social-vocational factor
is determined according to the steps described in section (15) of this rule and
is used in the calculation of permanent disability benefits.
(b) When the date of injury is prior to Jan.
1, 2005, the worker must have ratable unscheduled impairment under OAR
436-035-0019 or OAR
436-035-0330 through
436-035-0450.
(2) The age factor is based on the worker's
age at the date of issuance and has a value of 0 or +1.
(a) Workers age 40 and above receive a value
of + 1.
(b) Workers less than 40
years old receive a value of 0.
(3) The education factor is based on the
worker's formal education and specific vocational preparation (SVP) time at the
date of issuance. These two values are determined by sections (4) and (5) of
this rule, and are added to give a value from 0 to +5.
(4) A value of a worker's formal education is
given as follows:
(a) Workers who have earned
or acquired a high school diploma or general equivalency diploma (GED) are
given a neutral value of 0. For purposes of this section, a GED is a
certificate issued by any certifying authority or its equivalent.
(b) Workers who have not earned or acquired a
high school diploma or a GED certificate are given a value of +1.
(5) A value for a worker's
specific vocational preparation (SVP) time is given based on the jobs
successfully performed by the worker in the five years prior to the date of
issuance. The SVP value is determined by identifying these jobs and locating
their SVP in the Dictionary of Occupational Titles (DOT) or a
specific job analysis. The job with the highest SVP the worker has met is used
to assign a value according to the following table: [See attached table.]
(a) For the purposes of this rule, SVP is
defined as the amount of time required by a typical worker to acquire the
knowledge, skills, and abilities needed to perform a specific job.
(b) When a job is most accurately described
by a combination of DOT codes, use all applicable DOT codes. If a preponderance
of evidence establishes that the requirements of a specific job differ from the
DOT descriptions, one of the following may be substituted for the DOT
descriptions if it more accurately describes the job:
(A) A specific job analysis as described
under OAR 436-120-0410, which includes the
SVP time requirement; or
(B) A job
description that the parties agree is an accurate representation of the
physical requirements, as well as the tasks and duties, of the worker's regular
job-at-injury.
(c) A
worker is presumed to have met the SVP training time after completing
employment with one or more employers in that job classification for the time
period specified in the table.
(d)
A worker meets the SVP for a job after successfully completing an authorized
training program, on-the-job training, vocational training, or apprentice
training for that job classification. College training organized around a
specific vocational objective is considered specific vocational
training.
(e) For those workers who
have not met the specific vocational preparation training time for any job, a
value of +4 is granted.
(6) The values obtained in sections (4) and
(5) of this rule are added to arrive at a final value for the education
factor.
(7) The adaptability factor
is an evaluation of the extent to which the compensable injury has permanently
restricted the worker's ability to perform work activities. The adaptability
factor is determined by performing a comparison of the worker's base functional
capacity to the worker's residual functional capacity, under sections (8)
through (14) of this rule, and is given a value from +1 to +7.
(8) For purposes of determining adaptability,
the following definitions apply:
(a)
"Base functional capacity" (BFC) is established under section (9)
of this rule and means an individual's demonstrated ability to perform
work-related activities before the date of injury or disease.
(b)
"Residual functional
capacity" (RFC) is established under section (10) of this rule and means
an individual's remaining ability to perform work-related activities at the
time the worker is medically stationary.
(c)
"Sedentary restricted" means
the worker only has the ability to carry or lift dockets, ledgers, small tools,
and other items weighing less than 10 pounds. A worker is also sedentary
restricted if the worker can perform the full range of sedentary activities,
but with restrictions.
(d)
"Sedentary (S)" means the worker has the ability to occasionally
lift or carry dockets, ledgers, small tools and other items weighing 10
pounds.
(e)
"Sedentary/light
(S/L)" means the worker has the ability to do more than sedentary
activities, but less than the full range of light activities. A worker is also
sedentary/light if the worker can perform the full range of light activities,
but with restrictions.
(f)
"Light v" means the worker has the ability to occasionally lift 20
pounds and can frequently lift or carry objects weighing up to 10
pounds.
(g)
"Medium/light
(M/L)" means the worker has the ability to do more than light
activities, but less than the full range of medium activities. A worker is also
medium/light if the worker can perform the full range of medium activities, but
with restrictions.
(h)
"Medium (M)" means the worker can occasionally lift 50 pounds and
can lift or carry objects weighing up to 25 pounds frequently.
(i)
"Medium/heavy (M/H)" means
the worker has the ability to do more than medium activities, but less than the
full range of heavy activities. A worker is also medium/heavy if the worker can
perform the full range of heavy activities, but with restrictions.
(j)
"Heavy (H) means the worker
has the ability to occasionally lift 100 pounds and the ability to frequently
lift or carry objects weighing 50 pounds.
(k)
"Very Heavy (V/H)" means the
worker has the ability to occasionally lift in excess of 100 pounds and the
ability to frequently lift or carry objects weighing more than 50
pounds.
(l)
"Restrictions" means that, by a preponderance of medical opinion,
the worker is permanently limited from:
(A)
Sitting, standing, or walking less than two hours at a time; or
(B) Working the same number of hours as were
worked at the time of injury, including any regularly worked overtime hours;
or
(C) Frequently performing at
least one of the following activities: stooping, bending, crouching, crawling,
kneeling, twisting, climbing, balancing, reaching, pushing, or pulling;
or
(D) Frequently performing at
least one of the following activities involving the hand: fine manipulation,
squeezing, or grasping.
(m)
"Occasionally" means the
activity or condition exists up to 1/3 of the time.
(n)
"Frequently" means the
activity or condition exists up to 2/3 of the time.
(o)
"Constantly" means the
activity or condition exists 2/3 or more of the time.
(9)
Base Functional Capacity.
Base functional capacity (BFC) is established by using the following
classifications: sedentary (S), light (L), medium (M), heavy (H), and very
heavy (VH) as defined in section (8) of this rule. The strength classifications
are found in the Dictionary of Occupational Titles (DOT).
Apply the subsection in this section that most accurately describes the
worker's base functional capacity.
(a) The
highest strength category of the jobs successfully performed by the worker in
the five years prior to the date of injury.
(A) A combination of DOT codes when they
describe the worker's job more accurately.
(B) A specific job analysis, which includes
the strength requirements, may be substituted for the DOT descriptions if it
most accurately describes the job. If a job analysis determines that the
strength requirements are in between strength categories then use the higher
strength category.
(C) A job
description that the parties agree is an accurate representation of the
physical requirements, as well as the tasks and duties, of the worker's regular
job-at-injury. If the job description determines that the strength requirements
are in between strength categories then use the higher strength
category.
(b) A
second-level physical capacity evaluation as defined in OAR
436-010-0005 and
436-009-0060(2)
performed prior to the date of the work injury.
(c) For those workers who do not meet the
requirements under section (5) of this rule, and who have not had a
second-level physical capacity evaluation performed prior to the work injury or
disease, their prior strength is based on the worker's job at the time of
injury.
(d) When a worker's highest
prior strength has been reduced as a result of an injury or condition which is
not an accepted Oregon workers' compensation claim the base functional capacity
is the highest of:
(A) The job at injury;
or
(B) A second-level physical
capacities evaluation as defined in OAR
436-010-0005 and
436-009-0060(2)
performed after the injury or condition
which was not an accepted Oregon workers' compensation claim but before the
current work related injury.
(10)
Residual Functional
Capacity. Residual functional capacity (RFC) is established by using the
following classifications: restricted sedentary (RS), sedentary (S),
sedentary/light (S/L), light (L), medium/light (M/L), medium (M), medium/heavy
(M/H), heavy (H), and very heavy (VH), and restrictions as defined in section
(8) of this rule.
(a)
Medical
findings. Residual functional capacity is evidenced by the attending
physician's release unless a preponderance of medical opinion describes a
different RFC.
(b)
Other
medical opinions. For the purposes of subsection (a) of this section,
the other medical opinion must include at least a second-level physical
capacity evaluation (PCE) or work capacity evaluation (WCE) as defined in OAR
436-010-0005 and
436-009-0060(2)
or a medical evaluation that addresses the worker's capability for lifting,
carrying, pushing, pulling, standing, walking, sitting, climbing, balancing,
stooping, bending, kneeling, crouching, crawling, and reaching. If multiple
levels of lifting and carrying are measured, an overall analysis of the
worker's lifting and carrying abilities should be provided in order to allow an
accurate determination of these abilities. When the worker fails to cooperate
or complete a residual functional capacity (RFC) evaluation, the evaluation
must be rescheduled or the evaluator must estimate the worker's RFC as if the
worker had cooperated and used maximal effort.
(c)
Work capacity diminished in part by
a superimposed condition, a pre-existing condition that is part of a combined
condition denial, or a combined condition denied in its entirety.
Residual functional capacity is a measure of the extent to which the worker's
capacity to perform work is diminished by the compensable injury. If the
worker's capacity to perform work is diminished in part by a superimposed
condition, a pre-existing condition that is part of a combined condition
denial, or a combined condition denied in its entirety, the worker's residual
functional capacity must be adjusted based on an estimate of what the worker's
capacity to perform work would be if it had not been diminished by the
superimposed condition, the pre-existing condition that is part of a combined
condition denial, or the combined condition denied in its entirety.
(d)
When the worker is not medically
stationary. Except for a claim closed under ORS
656.268(1)(c),
if a worker is not medically stationary, residual functional capacity is
determined based on an estimate of what the worker's capacity to perform work
would be if measured at the time the worker is likely to become medically
stationary.
(e)
When the
worker is not medically stationary and work capacity is diminished
in part by a superimposed condition, a pre-existing condition that is
part of a combined condition denial, or a combined condition denied in its
entirety. Except for a claim closed under ORS
656.268(1)(c),
if a worker is not medically stationary and the worker's capacity to perform
work is diminished in part by a superimposed condition, a pre-existing
condition that is part of a combined condition denial, or a combined condition
denied in its entirety, residual functional capacity is determined based on an
estimate of what the worker's capacity to perform work would be if measured at
the time the worker is likely to become medically stationary and if the
worker's capacity to perform work had not been diminished by the superimposed
condition, the pre-existing condition that is part of a combined condition
denial, or the combined condition denied in its entirety.
(f)
Lifting capacity. For the
purposes of the determination of residual functional capacity, the worker's
lifting capacity is based on the whole person, not an individual body
part.
(g)
Injuries before
Jan. 1, 2005. If the date of injury is before Jan. 1, 2005, residual
functional capacity is determined under this section and is further adjusted
based on an estimate of what the worker's capacity to perform work would be if
it had only been diminished by a compensable injury to the hip, shoulder, head,
neck, or torso.
(11) In
comparing the worker's base functional capacity (BFC) to the residual
functional capacity (RFC), the values for adaptability to perform a given job
are as follows: [See attached table.]
(12) For those workers who have an RFC
between two categories and who also have restrictions, the next lower
classification is used. (For example, if a worker's RFC is S/L and the worker
has restrictions, use S).
(13) When
the date of injury is on or after Jan. 1, 2005, determine adaptability by
finding the adaptability value for the worker's extent of total impairment on
the adaptability scale below; compare this value with the residual functional
capacity scale in section (11) of this rule and use the higher of the two
values for adaptability. [See attached table.]
(14) When the date of injury is before Jan.
1, 2005, for those workers who have ratable unscheduled impairment found in
rules OAR 436-035-0019 or OAR
436-035-0330 through
436-035-0450, determine
adaptability by applying the extent of total unscheduled impairment to the
adaptability scale in section (13) of this rule and the residual functional
capacity scale in section (11) of this rule and use the higher of the two
values for adaptability.
(15) To
determine the social-vocational factor value, which represents the total
calculation of age, education, and adaptability, complete the following steps.
(a) Determine the appropriate value for the
age factor using section (2) of this rule.
(b) Determine the appropriate value for the
education factor using sections (4) and (5) of this rule.
(c) Add age and education values
together.
(d) Determine the
appropriate value for the adaptability factor using sections (7) through (14)
of this rule.
(e) Multiply the
result from step (c) by the value from step (d) for the social-vocational
factor value.
(16)
Prorating or interpolating between social-vocational values is not allowed. All
values must be expressed as whole numbers.
Notes
To view attachments referenced in rule text, click here to view rule.
Statutory/Other Authority: ORS 656.726
Statutes/Other Implemented: ORS 656.726, ORS 656.005, ORS 656.214 & ORS 656.268
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.