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.)

Statutory/Other Authority

ORS 656.726

Statutes/Other Implemented

ORS 656.726, ORS 656.005, ORS 656.214, ORS 656.225 & ORS 656.268

History

WCD 8-2022, amend filed 11/08/2022, effective 12/04/2022
WCD 3-2022, temporary amend filed 06/07/2022, effective 06/07/2022 through 12/03/2022
WCD 3-2020, amend filed 02/07/2020, effective 03/01/2020
WCD 7-2019, temporary amend filed 08/30/2019, effective 09/03/2019 through 02/29/2020
WCD 1-2015, f. 1-29-15, cert. ef. 3-1-15
WCD 2-2010, f. 5-5-10, cert. ef. 6-1-10
WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05