Or. Admin. R. 436-035-0011
(2) When rating disability the movement in a joint is measured in active degrees of motion. Impairment findings describing lost ranges of motion are converted to retained ranges of motion by subtracting the measured loss from the normal of full ranges established in these rules.
(3) The range of motion or laxity (instability) of an injured joint is compared to and valued proportionately to the contralateral joint except when the contralateral joint has a history of injury or disease or when either joint’s range of motion is zero degrees or is ankylosed. The strength of an injured extremity, shoulder, or hip may be compared to and valued proportionately to the contralateral body part except when the contralateral body part has a history of injury or disease.
Instability example: The injured knee is reported to have severe instability of the anterior cruciate ligament. The standards grant an impairment value of 15% for severe instability of the anterior cruciate ligament. The contralateral knee is reported to have mild instability of the anterior cruciate ligament. The standards grant an impairment value of 5% for mild instability of the anterior cruciate ligament. A proportion is established by subtracting the contralateral instability of 5% from the 15% for the injured joint which = 10% impairment for the instability. Strength example: The injured deltoid muscle is reported to have 3/5 strength. The standards note 3/5 strength = 50%. The contralateral deltoid muscle is reported to have 4+/5 strength. The standards note 4+/5 strength = 10%. A proportion is established by subtracting the contralateral strength of 10% from the 50% for the injured arm which = 40%. This percentage is then used to determine the loss of strength for the injured deltoid. Range of motion examples: Flexion (knee): 80° retained on injured side, the contralateral joint flexes to 140°. A proportion is established to determine the expected degrees of flexion since 140° has been established as normal for this worker. One method of determining this proportion is: 80/140 = X/150. X = expected retained range of motion compared to the established norm of 150° upon which flexion is determined under these rules. X, in this case, equals 86°. 86° of retained flexion of the knee is calculated under these rules, after rounding, to 23% impairment. Extension (knee): 35° retained on injured side, the contralateral joint extends to 15°. First, find the complement, i.e., 150 - 15 =135 (uninjured) and 150 - 35 = 115 (injured). Next, using the same method as for flexion, 115/135 = X/150, or, X = 127.77. Then, revert back, so, 150 - 127.77 = 22.23 rounded to 22° for an impairment value of 9%. [See ED. NOTE.]
(4) Specific impairment findings (e.g., weakness, reduced range of motion, etc.) are awarded in whole number increments. This may require rounding non-whole number percentages and contralateral comparison degrees of motion for given impairment findings before combining with any other applicable impairment value.
(6) Except as otherwise noted in these rules, impairment values to a given body part, area, or system are combined as follows:
(7) Loss of strength is determined using the modified 0 to 5 international grading system described below. The grade of strength is reported by the provider and assigned a percentage value from the table in subsection (a) of this section. The impairment value of the involved nerve, which supplies (innervates) the weakened muscle, is multiplied by this value. Grades identified as ”++” or ”--” are considered either a ”+” or ”-”, respectively.
(10) When a joint is ankylosed in more than one direction or plane, the largest ankylosis value is used for rating the loss or only one of the values is used if they are identical. This value is granted in lieu of all other range of motion or ankylosis values for that joint.
[ED. NOTE: Examples referenced are available from the agency. Publications referenced are available from the agency.]
ORS 656.726
ORS 656.005, 656.214, 656.268 & 656.726
WCD 3-2026, temporary amend filed 04/08/2026, effective 04/08/2026 through 10/04/2026
WCD 8-2012, f. 11-26-12, cert. ef. 1-1-13
WCD 2-2010, f. 5-5-10, cert. ef. 6-1-10
WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06
WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05