(1)
Worsened
pre-existing conditions. If a worsened pre-existing condition is
compensable under ORS
656.225, a worker is eligible
for an award for permanent disability caused by the worsened pre-existing
condition.
Example: (No apportionment)
Compensable injury (remains major contributing cause):
Herniated disk L5-S1/diskectomy.
Pre-existing condition: arthritis (spine).
Closing exam ROM = 10% (under these rules).
Surgery (lumbar diskectomy) = 9%.
Combine: 10% and 9% which equals 18% low back impairment due to
this compensable injury.
The worker is released to regular work. (Social-vocational
factoring equals zero.)
(2)
Combined conditions.
(a) If a
worker has an accepted combined condition, the worker is eligible for an award
for permanent disability caused by the combined condition unless there is a
subsequent denial of the combined condition.
(b) If a worker has a combined condition
denied in its entirety, the worker is not eligible for an award of permanent
disability if the permanent disability is not due in any part to the accepted
condition(s) and direct medical sequela(e). If the permanent disability is due
in part to the accepted condition(s) and direct medical sequela(e), then the
worker is not eligible for an award for the portion of the permanent disability
due to the denied combined condition.
(3)
Permanent partial disability
awarded after a denial of the combined condition. If a claim is closed
under ORS 656.268(1)(b),
because the compensable injury is no longer the major contributing cause of the
disability of the combined condition or the major contributing cause of the
need for treatment of the combined condition, the likely permanent disability
that would have been due to the current accepted condition must be estimated.
The current accepted condition is the component of the otherwise denied
combined condition that remains related to the compensable injury.
Notes
Or. Admin. Code §
436-035-0014
WCD 9-2004, f. 10-26-04,
cert. ef. 1-1-05; WCD 2-2010, f. 5-5-10, cert. ef. 6-1-10;
WCD
1-2015, f. 1-29-15, cert. ef.
3/1/2015;
WCD
7-2019, temporary amend filed 08/30/2019, effective
9/3/2019 through 2/29/2020;
WCD
3-2020, amend filed 02/07/2020, effective
3/1/2020;
WCD
3-2022, temporary amend filed 06/07/2022, effective
6/7/2022 through 12/3/2022;
WCD
8-2022, amend filed 11/08/2022, effective
12/4/2022
Examples referenced are available from the
agency.
Statutory/Other Authority: ORS
656.726
Statutes/Other Implemented: ORS
656.726, ORS
656.005, ORS
656.214, ORS
656.225 & ORS
656.268
