1. (1) General. A worker is not eligible to receive temporary disability compensation for periods of time during which the worker is incarcerated for commission of a crime. All other compensation must be provided the worker as if the worker were not incarcerated, except as provided in OAR 436-120. For the purpose of this rule:

   1. (a) A worker is incarcerated for commission of a crime when:

      1. (A) In pretrial detention; or
      2. (B) Imprisoned following conviction for a crime; and
   2. (b) A worker is not incarcerated if the worker is on parole or work release status.
2. (2) Initiation of payments after incarceration. Temporary disability compensation, if due and payable, must be paid the worker within 14 days of the date the insurer becomes aware the worker is no longer incarcerated.
3. (3) Right to claim closure. A worker who is incarcerated has the same right to claim closure under ORS 656.268 as a worker who is not incarcerated. Any permanent disability awarded must be paid the same as if the worker were not incarcerated.

Statutory/Other Authority

ORS 656.160, 656.704 & 656.726(4)

Statutes/Other Implemented

ORS 656.160, 656.704 & 656.726(4)

History

WCD 7-2020, amend filed 03/13/2020, effective 04/01/2020
WCD 6-2016, f. 11-28-16, cert. ef. 1-1-17
WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05
WCD 10-2002, f. 10-2-02 cert. ef. 11-1-02
WCD 1-1992, f. 1-3-92, cert. ef. 2-1-92
WCD 29-1990, f. 11-30-90, cert. ef. 12-26-90
WCD 19-1990(Temp), f. & cert. ef. 9-18-90
WCD 9-1990(Temp), f. 6-18-90, cert. ef. 7-1-90