Or. Admin. Code § 436-035-0018 - Death
(1) If a closing
report has been completed. If the worker dies due to causes unrelated to the
compensable injury and a closing report has been completed, the worker's
permanent disability must be determined based on the closing report.
(2) If a closing report has not been
completed. If the worker dies due to causes unrelated to the compensable injury
and a closing report has not been completed, findings of impairment and
permanent work restrictions must be estimated.
(a) The estimate must qualify as either a
statement of no permanent disability under OAR
436-030-0020(2)(a)
or a closing report under OAR
436-030-0020(2)(b).
(b) If the worker was medically
stationary at the time of death, the following applies:
(A) Findings of impairment and permanent work
restrictions are determined based on an estimate of the permanent disability
that existed at the time the worker was medically stationary; and
(B) The worker's residual functional capacity
is determined based on an estimate of the worker's ability to perform
work-related activities at the time the worker was medically stationary.
(c) If the worker was
not medically stationary at the time of death, the following applies:
(A) Findings of impairment and permanent work
restrictions are determined based on an estimate of the permanent disability
that would have existed at the time the worker would have likely become
medically stationary; and
(B) The
worker's residual functional capacity is determined based on an estimate of the
worker's ability to perform work-related activities at the time the worker
would have likely become medically stationary.
(3) In claims where, at the time of death,
there is a compensable condition that is medically stationary and a compensable
condition that is not medically stationary, the conditions are rated under
sections (1) and (2) of this rule, respectively. The adaptability factor is
determined by comparing the adaptability values from sections (1) and (2) of
this rule, and using the higher of the values for adaptability.
(4) If the worker dies due to causes related
to the compensable injury, death benefits are due under ORS
656.204 and
656.208.
Notes
Stat. Auth.: ORS 656.726
Stats. Implemented.: ORS 656.005, 656.214, 656.268 & 656.726
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