Or. Admin. Code § 436-035-0385 - Respiratory System
(1) For the
purpose of this rule, the following definitions apply:
(a) FVC is forced vital capacity.
(b) FEV1 is forced expiratory volume in the
first second.
(c) Dco refers to
diffusing capacity of carbon monoxide.
(d) VO2 Max is measured exercise
capacity.
(2) Lung
impairment is rated according to the following classes:
(a) Class 1: 0% for FVC greater than or equal
to 80% of predicted, and FEV1 greater than or equal to 80% of predicted, and
FEV1/FVC greater than or equal to 70%, and Dco greater than or equal to 80% of
predicted; or VO2 Max greater than 25 ml/(kg x min).
(b) Class 2: 18% for FVC between 60% and 79%
of predicted, or FEV1 between 60% and 79% of predicted, or FEV1/FVC between 60%
and 69%, or Dco between 60% and 79% of predicted, or VO2 Max greater than or
equal to 20 ml/(kg x min) and less than or equal to 25 ml/(kg x min).
(c) Class 3: 38% for FVC between 51% and 59%
of predicted, or FEV1 between 41% and 59% of predicted, or FEV1/FVC between 41%
and 59%, or Dco between 41% and 59% of predicted, or VO2 Max greater than or
equal to 15 ml/(kg x min) and less than 20 ml/(kg x min).
(d) Class 4: 75% for FVC less than or equal
to 50% of predicted, or FEV1 less than or equal to 40% of predicted, or
FEV1/FVC less than or equal to 40%, or Dco less than or equal to 40% of
predicted, or VO2 Max less than 15 ml/(kg x min).
(3) Lung cancer: All persons with lung
cancers as a result of a compensable industrial injury or occupational disease
are to be considered Class 4 impaired at the time of diagnosis. At a
re-evaluation, one year after the diagnosis is established, if the person is
found to be free of all evidence of tumor, then he or she should be rated under
the physiologic parameters in OAR
436-035-0385(2).
If there is evidence of tumor, the person is determined to have Class 4
impairment.
(4) Asthma: Reversible
obstructive airway disease is rated under the classes of respiratory impairment
described in section (2) of this rule. The impairment is based on the best of
three successive tests performed at least one week apart at a time when the
patient is receiving optimal medical therapy. In addition, a worker may also
have impairment determined under OAR
436-035-0450.
(5) Allergic respiratory responses: For
workers who have developed an allergic respiratory response to physical,
chemical, or biological agents refer to OAR
436-035-0450. Methacholine
inhalation testing is permitted at the discretion of the physician. Where
methacholine inhalation testing leaves the worker at risk, level of impairment
may be based on review of the medical record.
(6) Impairment from air passage defects is
determined according to the following classes: [Ratings not included. See ED.
NOTE.]
(7) Residual impairment from
a lobectomy is valued based on the physiological parameters found under section
(2) of this rule.
(8) For injuries
that result in impaired ability to speak, the following classes are used to
rate the worker's ability to speak in relation to: audibility (ability to speak
loudly enough to be heard); intelligibility (ability to articulate well enough
to be understood); and functional efficiency (ability to produce a serviceably
fast rate of speech and to sustain it over a useful period of time).
(a) Class 1: 4% when speech can be produced
with sufficient intensity and articular quality to meet most of the needs of
everyday speech communication; some hesitation or slowness of speech may exist;
certain phonetic units may be difficult or impossible to produce; listeners may
require the speaker to repeat.
(b)
Class 2: 9% when speech can be produced with sufficient intensity and articular
quality to meet many of the needs of everyday speech communication; speech may
be discontinuous, hesitant or slow; can be understood by a stranger but may
have many inaccuracies; may have difficulty being heard in loud
places.
(c) Class 3: 18% when
speech can be produced with sufficient intensity and articular quality to meet
some of the needs of everyday speech communication; often consecutive speech
can only be sustained for brief periods; can converse with family and friends
but may not be understood by strangers; may often be asked to repeat; has
difficulty being heard in loud places; voice tires rapidly and tends to become
inaudible after a few seconds.
(d)
Class 4: 26% when speech can be produced with sufficient intensity and
articular quality to meet few of the needs of everyday speech communication;
consecutive speech limited to single words or short phrases; speech is labored
and impractically slow; can produce some phonetic units but may use
approximations that are unintelligible or out of context; may be able to
whisper audibly but has no voice.
(e) Class 5: 33% for complete inability to
meet the needs of everyday speech communication.
(9) Workers with successful permanent
tracheostomy or stoma should be rated at 25% impairment of the respiratory
system.
Notes
Statutory/Other Authority: ORS 656.726(4)
Statutes/Other Implemented: ORS 656.005, 656.214, 656.268 & 656.726
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