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DEPARTMENT OF CONSUMER AND BUSINESS SERVICES,

WORKERS' COMPENSATION DIVISION










 

DIVISION 35
DISABILITY RATING STANDARDS

436-035-0001
Authority for Rules
These rules are promulgated under the Director's authority contained in ORS 656.726(4).
Stat. Auth.: ORS 656.726

Stats. Implemented: ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 2-2003, f. 1-15-03 cert. ef. 2-1-03
436-035-0002
Purpose of Rules
These rules establish
standards for rating permanent disability under the Workers’ Compensation
Act. These standards are written to reflect the criteria for rating outlined in
ORS chapter 656 and assign values for disabilities that are applied consistently
at all levels of the workers’ compensation award and appeal process.
Stat. Auth.: ORS
656.726

Stats. Implemented.:
ORS 656.005, 656.012, 656.210, 656.212, 656.214, 656.222, 656.225, 656.245, 656.262,
656.267, 656.268, 656. 273, 656.726, 656.790

Hist.: WCD
2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 18-1990 (Temp), f. 9-14-90, cert. ef. 10-1-90;
WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 6-1992, f. 2-14-92, cert. ef. 3-13-92;
WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 2-2010, f. 5-5-10, cert. ef. 6-1-10;
WCD 8-2012, f. 11-26-12, cert. ef. 1-1-13
436-035-0003
Applicability
of Rules
(1) These rules
apply to the rating of permanent disability under ORS chapter 656 and to all claims
closed on or after the effective date of these rules for workers medically stationary
on or after June 7, 1995.
(2) The rules
adopted by WCD Administrative Order 93-056 apply to the rating of permanent disability
for workers medically stationary on or after July 1, 1990 but before June 7, 1995,
except as otherwise provided in 1995 Oregon Laws, chapter 332.
(3) The rules
adopted by WCD Administrative Order 6-1988 apply to the rating of permanent disability
for workers medically stationary before July 1, 1990, except as otherwise provided
in 1995 Oregon Laws, chapter 332.
(4) For the
purpose of reconsideration of claim closure under ORS 656.268, the rules in effect
on the date of issuance of the appealed notice of closure apply to the rating of
permanent disability for workers medically stationary after July 1, 1990, except
as otherwise provided in 1995 Oregon Laws, chapter 332.
Stat. Auth.: ORS
656.726

Stats. Implemented:
ORS 656.005, 656.214, 656.268, 656.273 & 656.726

Hist.: WCD
2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89;
WCD 1-1989(Temp), f. & cert. ef. 1-24-89; WCD 18-1990(Temp), f. 9-14-90, cert.
ef. 10-1-90; WCD 20-1990(Temp), f. & cert. ef. 11-20-90; WCD 2-1991, f. 3-26-91,
cert. ef. 4-1-91; WCD 6-1991(Temp), f. 9-13-91, cert. ef. 10-1-91; WCD 6-1992, f.
2-14-92, cert. ef. 3-13-92; WCD 10-1992(Temp), f. & cert. ef. 6-1-92; WCD 15-1992,
f. 11-20-92, cert. ef. 11-27-92; WCD 3-1993(Temp), f. & cert. ef. 6-17-93; WCD
13-1995(Temp), f. & cert. ef. 9-21-95; WCD 3-1996, f. 1-29-96, cert. ef. 2-17-96;
WCD 19-1996(Temp), f. & cert. ef. 8-19-96; WCD 1-1997, f. 1-9-97, cert. ef.
2-15-97; WCD 6-1998, f. 5-13-98, cert. ef. 7-1-98; WCD 2-2003, f. 1-15-03 cert.
ef. 2-1-03; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 2-2010, f. 5-5-10, cert.
ef. 6-1-10; WCD 8-2012, f. 11-26-12, cert. ef. 1-1-13
436-035-0005
Definitions
As used in OAR 436-035-0001 through
436-035-0500, unless the context requires otherwise:
(1) “Activities of
daily living (ADL)” include, but are not limited to, the following personal
activities required by an individual for continued well-being: eating/nutrition;
self-care and personal hygiene; communication and cognitive functions; and physical
activity, e.g., standing, walking, kneeling, hand functions, etc.
(2) “Ankylosis”
means a bony fusion, fibrous union, or arthrodesis of a joint. Ankylosis does not
include pseudarthrosis or articular arthropathies.
(3) “Date of issuance”
means the mailing date of a notice of closure or Order on Reconsideration under
ORS 656.268 and ORS 656.283(6).
(4) “Dictionary of
Occupational Titles” or (DOT) means the publication of the same name by the
U.S. Department of Labor, Fourth Edition Revised 1991.
(5) “Direct medical
sequela” means a condition that is clearly established medically and originates
or stems from an accepted condition. For example: The accepted condition is low
back strain with herniated disc at L4-5. The worker develops permanent weakness
in the leg and foot due to the accepted condition. The weakness is considered a
“direct medical sequela”.
(6) “Earning capacity”
means impairment as modified by age, education, and adaptability.
(7) “Irreversible findings”
for the purposes of these rules are:
(a) Arm:
(A) Arm angulation;
(B) Radial head resection;
(C) Shortening;
(b) Eye:
(A) Enucleation;
(B) Lens implant;
(C) Lensectomy.
(c) Gonadal: Loss of gonads
resulting in absence of, or an abnormally high, hormone level.
(d) Hand:
(A) Carpal bone fusion;
(B) Carpal bone removal.
(e) Kidney: Nephrectomy;
(f) Leg:
(A) Knee angulation;
(B) Length discrepancy;
(C) Meniscectomy;
(D) Patellectomy.
(g) Lung: Lobectomy;
(h) Shoulder:
(A) Acromionectomy;
(B) Clavicle resection.
(i) Spine;
(A) Compression, spinous
process, pedicle, laminae, articular process, odontoid process, and transverse process
fractures;
(B) Diskectomy;
(C) Laminectomy.
(j) Spleen: Splenectomy;
(k) Urinary tract diversion:
(A) Cutaneous ureterostomy
without intubation;
(B) Nephrostomy or intubated
uresterostomy;
(C) Uretero-Intestinal.
(l) Other:
(A) Amputations/resections;
(B) Ankylosed/fused joints;
(C) Displaced pelvic fracture
(“healed” with displacement);
(D) Loss of opposition;
(E) Organ transplants (heart,
lung, liver, kidney);
(F) Prosthetic joint replacements.
(8) “Medical arbiter”
means a physician under ORS 656.005(12)(b)(A) appointed by the director under OAR
436-010-0330.
(9) “Offset”
means to reduce a current permanent partial disability award, or portions of the
award, by a prior Oregon workers’ compensation permanent partial disability
award from a different claim.
(10) “Physician’s
release” means written notification, provided by the attending physician to
the worker and the worker’s employer or insurer, releasing the worker to work
and describing any limitations the worker has.
(11) “Preexisting condition”
(a) Injury claims. For all
industrial injury claims with a date of injury on or after Jan. 1, 2002, “preexisting
condition” means a condition that:
(A) Is arthritis or an arthritic
condition; or
(B) Was treated or diagnosed
before:
(i) The initial injury in
a claim for an initial injury or omitted condition;
(ii) The onset of the new
medical condition in a claim for a new medical condition; or
(iii) The onset of the worsened
condition in a claim for an aggravation under ORS 656.273 or 656.278.
(b) Occupational disease
claims. For all occupational disease claims with a date of injury on or after Jan.
1, 2002, “preexisting condition” means a condition that precedes the
onset of the claimed occupational disease, or precedes a claim for worsening under
ORS 656.273 or 656.278.
(12) “Preponderance
of medical evidence” or “opinion” does not necessarily mean the
opinion supported by the greater number of documents or greater number of concurrences;
rather it means the more probative and more reliable medical opinion based upon
factors including, but not limited to, one or more of the following:
(a) The most accurate history,
(b) The most objective findings,
(c) Sound medical principles,
or
(d) Clear and concise reasoning.
(13) “Redetermination”
means a reevaluation of disability under ORS 656.267, 656.268(10), 656.273, and
656.325.
(14) “Regular work”
means the job the worker held at the time of injury.
(15) “Scheduled disability”
means a compensable permanent loss of use or function that results from injuries
to those body parts listed in ORS 656.214(3)(a) through (5).
(16) “Social-vocational
factors” means age, education, and adaptability factors under ORS 656.726(4)(f).
(17) “Superimposed
condition” means a condition that arises after the compensable injury or disease
that contributes to the worker’s overall disability or need for treatment
but is not the result of the original injury or disease. Disability from a superimposed
condition is not rated. For example: The compensable injury results in a low back
strain. Two months after the injury, the worker becomes pregnant (non-work related).
The pregnancy is considered a “superimposed condition.”
(18) “Unscheduled disability”
means permanent loss of earning capacity as a result of a compensable injury, as
described in these rules and arising from those losses under OAR 436-035-0330 through
436-035-0450.
(19) “Work disability,”
for the purposes of determining permanent disability, means impairment as modified
by age, education, and adaptability to perform the job at which the worker was injured.
Stat. Auth.: ORS 656.726
Stats. Implemented: ORS 656.005,
656.214, 656.267, 656.268, 656.273, 656.325 & 656.726
Hist.: WCD 2-1988, f. 6-3-88,
cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89; WCD 18-1990(Temp),
f. 9-14-90, cert. ef. 10-1-90; WCD 20-1990(Temp), f. & cert. ef. 11-20-90; WCD
2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 6-1992, f. 2-14-92, cert. ef. 3-13-92;
WCD 3-1996, f. 1-29-96, cert. ef. 2-17-96; WCD 1-1997, f. 1-9-97, cert. ef. 2-15-97;
WCD 6-1998, f. 5-13-98, cert. ef. 7-1-98; WCD 2-2003, f. 1-15-03 cert. ef. 2-1-03;
WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06;
WCD 10-2007, f. 11-1-07, cert. ef. 1-1-08; WCD 2-2010, f. 5-5-10, cert. ef. 6-1-10;
WCD 8-2012, f. 11-26-12, cert. ef. 1-1-13; WCD 1-2015, f. 1-29-15, cert. ef. 3-1-15
436-035-0006
Determination of Benefits for Disability
Caused by the Compensable Injury
(1) In injury claims. In an injury claim,
permanent disability caused by the compensable injury includes disability caused
by:
(a) An accepted condition;
(b) A direct medical sequela
of an accepted condition; or
(c) A condition directly
resulting from the work injury, except that disability caused by a consequential
condition under ORS 656.005(7)(a)(A), a combined condition under 656.005(7)(a)(B),
or a preexisting condition under 656.225 is only awarded if the consequential, combined,
or preexisting condition is accepted.
(2) In new or omitted condition
claims. In a new or omitted condition claim, permanent disability caused by the
compensable injury includes disability caused by:
(a) An accepted new or omitted
condition; or
(b) A direct medical sequela
of an accepted new or omitted condition.
(3) In aggravation claims.
In an aggravation claim, permanent disability caused by the compensable injury includes
disability caused by:
(a) An accepted worsened
condition; or
(b) A direct medical sequela
of an accepted worsened condition.
(4) In occupational disease
claims. In an occupational disease claim, permanent disability caused by the compensable
injury includes disability caused by:
(a) An accepted occupational
disease; or
(b) A direct medical sequela
of an accepted occupational disease.
Stat. Auth.: ORS 656.726
Stats. Impltd.: ORS 656.005,
656.214, 656.225, 656.268, 656.726 & 656.802
Hist.: WCD 1-2015, f. 1-29-15,
cert. ef. 3-1-15
436-035-0007
General Principles
(1) Eligibility for impairment.
(a) Eligibility, generally.
A worker is eligible for an award for impairment if:
(A) The worker suffers permanent
loss of use or function of a body part or system;
(B) The loss is established
by a preponderance of medical evidence based upon objective findings of impairment;
and
(C) The loss is caused in
any part by the compensable injury.
(b) Apportionment. A worker’s
award for impairment is limited to the amount of impairment caused by the compensable
injury.
(A) If loss of use or function
of a body part or system is entirely caused by the compensable injury, the worker
is eligible for the full award provided for the loss under the rating standards
in this division of rules.
(B) If loss of use or function
of a body part or system is partly caused by the compensable injury, the following
provisions apply:
(i) The worker is eligible
for an award for impairment for:
(I) The portion of the loss
caused by the compensable injury; and
(II) The portion of the loss
caused by a condition that does not qualify as a preexisting condition but that
existed before the initial injury in an initial injury or omitted condition claim,
before the onset of the accepted new medical condition in a new condition claim,
or before the onset of the accepted worsened condition in an aggravation claim.
(ii) The worker is not eligible
for an award for impairment for the portion of the loss caused by:
(I) A denied condition;
(II) A superimposed condition;
or
(III) A preexisting condition,
as defined by OAR 436-035-0005(11) and ORS 656.005(24), unless the preexisting condition
is otherwise compensable.
(C) If loss of use or function
of a body part or system is not caused in any part by the compensable injury, the
loss is not due to the compensable injury and the worker is not eligible for an
award for impairment.
(2) Eligibility for work
disability. An award for impairment is modified by the factors of age, education,
and adaptability if the worker is eligible for an award for work disability. A worker
is eligible for an award for work disability if:
(a) The worker is eligible
for an award for impairment;
(b) An attending physician
or authorized nurse practitioner has not released the worker to the job held at
the time of injury;
(c) The worker has not returned
to the job held at the time of injury; and
(d) The worker is unable
to return to the job held at the time of injury because the worker has a permanent
work restriction that is caused in any part by the compensable injury.
(3) When a new or omitted
medical condition has been accepted since the last arrangement of compensation,
the extent of permanent disability must be redetermined.
(a) Redetermination includes
the rating of the new impairment attributed to the accepted new or omitted medical
condition and the reevaluation of the worker’s social-vocational factors.
The following applies to claims with a date of injury on or after Jan. 1, 2005:
(A) When there is a previous
work disability award and there is no change in the worker’s restrictions
but impairment values increase, work disability must be awarded based on the additional
impairment.
(B) When there is not a previous
work disability award but the accepted new or omitted medical condition creates
restrictions that do not allow the worker to return to regular work, the work disability
must be awarded based on any previous and current impairment values.
(b) When performing a redetermination
of the extent of permanent disability under this section, the amount of impairment
caused by a condition other than the accepted new or omitted condition is not reevaluated
and is given the same impairment value as established at the last arrangement of
compensation.
(4) When a worker has a prior
award of permanent disability under Oregon workers’ compensation law, disability
is determined under OAR 436-035-0015 (offset) for purposes of determining disability
only as it pertains to multiple Oregon workers’ compensation claims.
(5) Establishing impairment.
(a) Impairment is established
based on objective findings of the attending physician under ORS 656.245(2)(b)(C)
and OAR 436-010-0280.
(b) On reconsideration, when
a medical arbiter is used, impairment is established based on objective findings
of the medical arbiter, except where a preponderance of the medical evidence demonstrates
that different findings by the attending physician are more accurate and should
be used.
(c) A determination that
loss of use or function of a body part or system is due to the compensable injury
is a finding regarding the worker’s impairment.
(d) A determination that
loss of use or function of a body part or system is due to the compensable injury
must be established by the attending physician or medical arbiter.
(6) Objective findings made
by a consulting physician or other medical providers (e.g., occupational or physical
therapists) at the time of closure may be used to determine impairment if the worker’s
attending physician concurs with the findings.
(7) If there is no measurable
impairment under these rules, no award of permanent partial disability is allowed.
(8) Pain is considered in
the impairment values in these rules to the extent that it results in valid measurable
impairment. For example: The medical provider determines that giveaway weakness
is due to pain attributable to the compensable injury. If there is no measurable
impairment, no award of permanent disability is allowed for pain. To the extent
that pain results in disability greater than that evidenced by the measurable impairment,
including the disability due to expected waxing and waning of the worker’s
compensable injury, this loss of earning capacity is considered and valued under
OAR 436-035-0012 and is included in the adaptability factor.
(9) Methods used by the examiner
for making findings of impairment are the methods described in these rules and further
outlined in Bulletin 239, and are reported by the physician in the form and format
required by these rules.
(10) Range of motion is measured
using the goniometer, except when measuring spinal range of motion; then an inclinometer
must be used. Reproducibility of abnormal motion is used to validate optimum effort.
(a) For obtaining goniometer
measurements, center the goniometer on the joint with the base in the neutral position.
Have the worker actively move the joint as far as possible in each motion with the
arm of the goniometer following the motion. Measure the angle that subtends the
arc of motion. To determine ankylosis, measure the deviation from the neutral position.
(b) There are three acceptable
methods for measuring spinal range of motion: the simultaneous application of two
inclinometers, the single fluid-filled inclinometer, and an electronic device capable
of calculating compound joint motion. The examiner must take at least three consecutive
measurements of mobility, which must fall within 10% or 5 degrees (whichever is
greater) of each other to be considered consistent. The measurements must be repeated
up to six times to obtain consecutive measurements that meet these criteria. Inconsistent
measurements may be considered invalid and that portion of the examination disqualified.
If acute spasm is noted, the worker should be reexamined after the spasm resolves.
(11) Validity is established
for findings of impairment under the criteria noted in these rules and further outlined
in Bulletin 239, unless the validity criteria for a particular finding is not addressed,
or is determined by physician opinion to be medically inappropriate for a particular
worker. Upon examination, findings of impairment that are determined to be ratable
under these rules are rated unless the physician determines the findings are invalid.
When findings are determined invalid, the findings receive a value of zero. If the
validity criteria are not met but the physician determines the findings are valid,
the physician must provide a written rationale, based on sound medical principles,
explaining why the findings are valid. For purposes of this rule, the straight leg
raising validity test (SLR) is not the sole criterion used to invalidate lumbar
range of motion findings.
(12) Except for contralateral
comparison determinations under OAR 436-035-0011(3), loss of opposition determination
under 436-035-0040, averaging muscle values under 436-035-0011(8), and impairment
determined under ORS 656.726(4)(f), only impairment values listed in these rules
are to be used in determining impairment. Prorating or interpolating between the
listed values is not allowed. For findings that fall between the listed impairment
values, the next higher appropriate value is used for rating.
(13) Values found in these
rules consider the loss of use, function, or earning capacity directly associated
with the compensable injury. When a worker’s impairment findings do not meet
the threshold (minimum) findings established in these rules, no value is granted.
(a) Not all surgical procedures
result in loss of use, function, or earning capacity. Some surgical procedures improve
the use and function of body parts, areas, or systems or ultimately may contribute
to an increase in earning capacity. Accordingly, not all surgical procedures receive
a value under these rules.
(b) Not all medical conditions
or diagnoses result in loss of use, function, or earning capacity. Accordingly,
not all medical conditions or diagnoses receive a value under these rules.
(14) Waxing and waning of
signs or symptoms related to a worker’s compensable injury are already contemplated
in the values provided in these rules. There is no additional value granted for
the varying extent of waxing and waning of the compensable injury. Waxing and waning
means there is not an actual worsening of the condition under ORS 656.273.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 656.726
Stats. Implemented.: ORS
656.005, 656.214, 656.245, 656.267, 656.268, 656.273 & 656.726
Hist.: WCD 5-1975, f. 2-6-75,
ef. 2-25-75; WCD 8-1978(Admin), f. 6-30-78, ef. 7-10-78; WCD 4-1980(Admin), f. 3-20-80,
ef. 4-1-80; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82; Renumbered from 436-065-0005,
5-1-85; WCD 13-1987, f. 12-18-87, ef. 1-1-88; WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88;
Renumbered from 436-030-0120; WCD 5-1988, f. 9-2-88, cert. ef. 8-19-88; WCD 7-1988,
f. 12-21-88, cert. ef. 1-1-89; WCD 18-1990(Temp), f. 9-14-90, cert. ef. 10-1-90;
WCD 20-1990(Temp), f. & cert. ef. 11-20-90; WCD 2-1991, f. 3-26-91, cert. ef.
4-1-91; WCD 6-1992, f. 2-14-92, cert. ef. 3-13-92; WCD
13-1995(Temp), f. & cert. ef. 9-21-95; WCD 3-1996, f. 1-29-96, cert.
ef. 2-17-96;
WCD 19-1996(Temp), f. & cert. ef. 8-19-96; WCD 1-1997, f. 1-9-97, cert. ef. 2-15-97; WCD 6-1998, f. 5-13-98, cert. ef. 7-1-98; WCD 6-1999, f. & cert.
ef. 4-26-99; WCD 2-2003, f. 1-15-03 cert. ef. 2-1-03; WCD 9-2004, f. 10-26-04, cert.
ef. 1-1-05; WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06; WCD 2-2010, f. 5-5-10, cert.
ef. 6-1-10; WCD 8-2012, f. 11-26-12, cert. ef. 1-1-13; WCD 1-2015, f. 1-29-15, cert.
ef. 3-1-15
436-035-0008
Calculating Disability Benefits
(Dates of Injury prior to 1/1/2005)
(1) Scheduled disability with a date
of injury prior to January 1, 2005, is rated on the permanent loss of use or function
of a body part caused by a compensable injury. To calculate the scheduled impairment
benefit, use the following steps:
(a) Determine the percent
of scheduled impairment using the impairment values found in OAR 436-035-0019 through
436-035-0260, and the applicable procedures within these rules.
(b) Multiply the result in
(a) by the maximum degrees, under ORS 656.214, for the injured body part.
(c) Multiply the result from
(b) by the statutory dollar rate under ORS 656.214 and illustrated in Bulletin 111.
(d) The result from (c) is
the scheduled impairment benefit. If there are multiple extremities with impairment
then each is determined and awarded separately, including hearing and vision loss.
Example: Scheduled impairment benefit
0.12 Scheduled impairment percent
(12%)
x 192 Maximum degrees for the body
part
= 23.04 Degrees of scheduled disability
x $559.00 Statutory dollar rate
per degree
= $12,879.36 Scheduled impairment
benefit
(2) Unscheduled disability with a date
of injury prior to January 1, 2005, is rated on the permanent loss of use or function
of a body part or system caused by a compensable injury, as modified by the factors
of age, education, and adaptability.
(a) To calculate the unscheduled
impairment benefit when the worker returns or is released to regular work according
to OAR 436-035-0009(3), use the following steps.
(A) Determine the percent
of unscheduled impairment using the impairment values found in OAR 436-035-0019
and OAR 436-035-0330 through 436-035-0450, and the applicable procedures within
these rules.
(B) Multiply the result in
(A) by the maximum degrees for unscheduled impairment.
(C) Multiply the result in
(B) by the statutory dollar rate under ORS 656.214 and illustrated in Bulletin 111.
(D) The result in (C) is
the unscheduled impairment benefit.
Example: Unscheduled impairment benefit
(worker returns/is released to regular work)
0.12 Unscheduled impairment percent
(12%)
x 320 Maximum degrees for unscheduled
impairment
= 38.40 Degrees of unscheduled
disability
x $184.00 Statutory dollar rate
per degree
= $7,065.60 Unscheduled impairment
benefit
(b) To calculate the unscheduled disability
benefit when the worker does not return or is not released to regular work according
to OAR 436-035-0009(3), use the following steps.
(A) Determine the percent
of unscheduled impairment using the impairment values found in OAR 436-035-0019
and 436-035-0330 through 436-035-0450, and the applicable procedures within these
rules.
(B) Determine the social-vocational
factor, under OAR 436-035-0012, and add it to (A).
(C) Multiply the result from
(B) by the maximum degrees for unscheduled impairment.
(D) Multiply the result from
(C) by the statutory dollar rate for unscheduled impairment under ORS 656.214.
(E) The result from (D) is
the unscheduled impairment benefit.
Example: Unscheduled impairment benefit
(worker does not return/released to regular work)
0.12 Unscheduled impairment percentage
(12%)
+ 6% Social-vocational factor
= 18% Unscheduled impairment
X 320 Maximum degrees for unscheduled
impairment
= 57.6 Degrees of unscheduled disability
X $184.00 Statutory dollar rate
per degree
= $10,598.40 Unscheduled impairment
benefit
[ED. NOTE:
Examples referenced are not included in rule text. Click here for PDF copy of example(s).]

[Publications:
Publications referenced are available from the agency.]
Stat. Auth.: ORS 656.726
Stats. Implemented.: ORS
656.005, 656.214, 656.268 & 656.726
Hist.: WCD 5-1975, f. 2-6-75,
ef. 2-25-75; WCD 8-1978(Admin), f. 6-30-78, ef. 7-10-78; WCD 4-1980(Admin), f. 3-20-80,
ef. 4-1-80; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82; Renumbered from 436-065-0005,
5-1-85; WCD 13-1987, f. 12-18-87, ef. 1-1-88; WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88;
Renumbered from 436-030-0120; WCD 5-1988, f. 9-2-88, cert. ef. 8-19-88; WCD 7-1988,
f. 12-21-88, cert. ef. 1-1-89; WCD 18-1990(Temp), f. 9-14-90, cert. ef. 10-1-90;
WCD 20-1990(Temp), f. & cert. ef. 11-20-90; WCD 2-1991, f. 3-26-91, cert. ef.
4-1-91; WCD 6-1992, f. 2-14-92, cert. ef. 3-13-92; WCD 3-1996, f. 1-29-96, cert.
ef. 2-17-96; WCD 6-1998, f. 5-13-98, cert. ef. 7-1-98; WCD 6-1999, f. & cert.
ef. 4-26-99; WCD 2-2003, f. 1-15-03 cert. ef. 2-1-03; WCD 9-2004, f. 10-26-04, cert.
ef. 1-1-05; WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06; WCD 8-2012, f. 11-26-12, cert.
ef. 1-1-13; WCD 1-2015, f. 1-29-15, cert. ef. 3-1-15
436-035-0009
Calculating
Disability Benefits (Date of Injury on or after 1/1/2005)
(1) Permanent impairment
is expressed as a percent of the whole person and the impairment value will not
exceed 100% of the whole person.
(2) If the
impairment results from injury to more than one extremity, area, or system, the
whole person values for each are combined (not added) to arrive at a final impairment
value.
(3) Only
permanent impairment is rated for those workers with a date of injury prior to January
1, 2006, and who:
(a) Return
to and are working at their regular work on the date of issuance;
(b) The attending
physician or authorized nurse practitioner releases to regular work and the work
is available, but the worker fails or refuses to return to that job; or
(c) The attending
physician or authorized nurse practitioner releases to regular work, but the worker’s
employment is terminated for cause unrelated to the injury.
(4) Only
permanent impairment is rated for those workers with a date of injury on or after
January 1, 2006, and who have been released or returned to regular work by the attending
physician or authorized nurse practitioner.
(5) To calculate
the impairment benefit due to the worker, use the following steps:
(a) Determine
the percent of impairment under these rules.
(b) Multiply
the percent of impairment determined in (a) by 100 per ORS 656.214.
(c) Multiply
the result from (b) by the state’s average weekly wage at the time of injury
as defined by ORS 656.005 and illustrated in Bulletin 111.
(d) The result
in (c) is the total impairment benefit, which is paid regardless of the worker’s
return to work status. In the absence of social-vocational factoring as a result
of the worker’s return to work status, this is also the permanent partial
disability award.[Example not included. See ED. NOTE.]
(6) If the
worker has not met the return or release to regular work criteria in section (3)
or (4) of this rule, the worker receives both an impairment and work disability
benefit, and the total permanent partial disability award is calculated as follows.
(a) Determine
the percent of impairment as a whole person (WP) value under these rules.
(b) Determine
the social-vocational factor, under OAR 436-035-0012, and add it to (a).
(c) Multiply
the result from (b) by 150 per ORS 656.214.
(d) Multiply
the result from (c) by worker’s average weekly wage as calculated under ORS
656.210.
(A) Supplemental
disability is not considered in the determination of the worker’s average
weekly wage when calculating work disability.
(B) The worker’s
average weekly wage can be no less than 50% and no more than 133% of the state’s
average weekly wage at the time of injury when determining work disability benefits.
(e) Add the
result from (d) to the impairment benefit value, which would be calculated using
the method in section (4) of this rule.
(f) The result
from (e) is the permanent partial disability award that would be due the worker.
[Example not included. See ED. NOTE.]
[ED. NOTE:
Examples referenced are not included in rule text. Click here for PDF copy of example(s).]
Stat. Auth.:
ORS 656.726

Stats. Implemented.:
ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD
9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06;
WCD 8-2012, f. 11-26-12, cert. ef. 1-1-13
436-035-0011
Determining
Percent of Impairment
(1) The total impairment
rating for a body part cannot be more than 100% of the body part.
(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.
(a) Range
of motion values for each direction in a single joint are first added, then combined
with other impairment findings. [Example not included. See ED. NOTE.]
(b) Range
of motion values for multiple joints in a single body part (e.g., of a finger) are
determined by finding the range of motion values for each joint (e.g., MCP, PIP,
DIP) and combining those values for an overall loss of range of motion value for
that body part. This value is then combined with other impairment values.
(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%.
(a) If the motion
of the injured or contralateral joint exceeds the values for ranges of motion established
under these rules, the values established under these rules are maximums used to
establish impairment.
(b) When
the contralateral joint has a history of injury or disease, the findings of the
injured joint are valued based upon the values established under these rules.   
(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.
(a) Except
for subsection (b) of this section, before combining, the sum of the impairment
values is rounded to the nearest whole number. For the decimal portion of the number,
point 5 and above is rounded up, below point 5 is rounded down. [Example not included.
See ED. NOTE.]
(b) When
the sum of impairment values is greater than zero and less than 0.5, a value of
1% will be granted. [Example not included. See ED. NOTE.]
(5) If there
are impairment findings in two or more body parts in an extremity, the total impairment
findings in the distal body part are converted to a value in the most proximal body
part under the applicable conversion chart in these rules. This conversion is done
prior to combining impairment values for the most proximal body part. [Example not
included. See ED. NOTE.]
(6) Except
as otherwise noted in these rules, impairment values to a given body part, area,
or system are combined as follows:
(a) The combined
value is obtained by inserting the values for A and B into the formula A + B(1.0
- A). The larger of the two numbers is A and the smaller is B. The whole number
percentages of impairment are converted to their decimal equivalents (e.g., 12%
converts to .12; 3% converts to .03). The resulting percentage is rounded to a whole
number as determined in section (1) of this rule. Upon combining the largest two
percentages, the resulting percentage is combined with any lesser percentage(s)
in descending order using the same formula until all percentages have been combined
prior to performing further computations. After the calculations are completed,
the decimal result is then converted back to a percentage equivalent. Example: .12
+ .03(1.0 - .12) =.12 + .03(.88) =.12 + .0264 =.1464 = 14.6 = 15. [Example not included.
See ED. NOTE.]
(b) Impairment
values for a given body part, area, or system must be combined before combining
with other impairment values. If the given body part is an upper or lower extremity,
ear(s), or eye(s) then the impairment value is to be converted to a whole person
value before combining with other impairment values, except when the date of injury
for the claim is prior to Jan. 1, 2005. [Example not included. See ED. NOTE.]
(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 physician 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.
(a) The grading
is valued as follows: [Example not included. See ED. NOTE.]
(b) When
a physician reports a loss of strength with muscle action (e.g., flexion, extension,
etc.) or when only the affected muscle(s) is identified, anatomy texts or the AMA
Guides to the Evaluation of Permanent Impairment may be referenced to identify the
specific muscle(s), peripheral nerve(s) or spinal nerve root(s) involved. A copy
of the standards referenced in this rule is available for review during regular
business hours at the Workers’ Compensation Division, 350 Winter Street NE,
Salem OR 97301, 503-947-7810.
(8) For muscles
supplied (innervated) by the same nerve, the loss of strength is determined by averaging
the percentages of impairment for each involved muscle to arrive at a single percentage
of impairment for the involved nerve. [Example not included. See ED. NOTE.]
(9) When
multiple nerves have impairment findings found under these rules, these impairment
values are first combined for an overall loss of strength value for the body part
before combining with other impairment values.
(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.
[Publications: Publications
referenced are available from the agency.]

[ED. NOTE: Examples referenced are not included in rule text. Click here for PDF copy of example(s).]
Stat. Auth.:
ORS 656.726

Stats. Implemented.:
ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD
9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06;
WCD 2-2010, f. 5-5-10, cert. ef. 6-1-10; WCD 8-2012, f. 11-26-12, cert. ef. 1-1-13

436-035-0012
Social-Vocational Factors (Age/Education/Adaptability)
and the Calculation of Work Disability
(1) Social-vocational factors.
(a) If a worker is eligible
for an award for work disability, the factors of age, education, and adaptability
are determined under this rule and used to calculate the worker’s social-vocational
factor. The social-vocational factor is determined according to the steps described
in section (15) of this rule and is used in the calculation of permanent disability
benefits.
(b) When the date of injury
is prior to Jan. 1, 2005, the worker must have ratable unscheduled impairment under
OAR 436-035-0019 or 436-035-0330 through 436-035-0450.
(2) The age factor is based
on the worker’s age at the date of issuance and has a value of 0 or +1.
(a) Workers age 40 and above
receive a value of + 1.
(b) Workers less than 40
years old receive a value of 0.
(3) The education factor
is based on the worker’s formal education and specific vocational preparation
(SVP) time at the date of issuance. These two values are determined by sections
(4) and (5) of this rule, and are added to give a value from 0 to +5.
(4) A value of a worker’s
formal education is given as follows:
(a) Workers who have earned
or acquired a high school diploma or general equivalency diploma (GED) are given
a neutral value of 0. For purposes of this section, a GED is a certificate issued
by any certifying authority or its equivalent.
(b) Workers who have not
earned or acquired a high school diploma or a GED certificate are given a value
of +1. (5) A value for a worker’s specific vocational preparation (SVP) time
is given based on the jobs successfully performed by the worker in the five years
prior to the date of issuance. The SVP value is determined by identifying these
jobs and locating their SVP in the Dictionary of Occupational Titles (DOT) or a
specific job analysis. The job with the highest SVP the worker has met is used to
assign a value according to the following table: [Table not included. See ED. NOTE.]
(5) A copy of the Dictionary
of Occupational Titles referenced in this rule is available for review during regular
business hours at the Workers’ Compensation Division, 350 Winter Street NE,
Salem OR 97301, 503-947-7810.
(a) For the purposes of this
rule, SVP is defined as the amount of time required by a typical worker to acquire
the knowledge, skills, and abilities needed to perform a specific job.
(b) When a job is most accurately
described by a combination of DOT codes, use all applicable DOT codes. If a preponderance
of evidence establishes that the requirements of a specific job differ from the
DOT descriptions, one of the following may be substituted for the DOT descriptions
if it more accurately describes the job:
(A) A specific job analysis
as described under OAR 436-120-0410, which includes the SVP time requirement; or
(B) A job description that
the parties agree is an accurate representation of the physical requirements, as
well as the tasks and duties, of the worker’s regular job-at-injury.
(c) A worker is presumed
to have met the SVP training time after completing employment with one or more employers
in that job classification for the time period specified in the table.
(d) A worker meets the SVP
for a job after successfully completing an authorized training program, on-the-job
training, vocational training, or apprentice training for that job classification.
College training organized around a specific vocational objective is considered
specific vocational training.
(e) For those workers who
have not met the specific vocational preparation training time for any job, a value
of +4 is granted.
(6) The values obtained in
sections (4) and (5) of this rule are added to arrive at a final value for the education
factor.
(7) The adaptability factor
is an evaluation of the extent to which the compensable injury has permanently restricted
the worker’s ability to perform work activities. The adaptability factor is
determined by performing a comparison of the worker’s base functional capacity
to the worker’s residual functional capacity, under sections (8) through (14)
of this rule, and is given a value from +1 to +7.
(8) For purposes of determining
adaptability, the following definitions apply:
(a) “Base functional
capacity” (BFC) is established under section (9) of this rule and means an
individual’s demonstrated ability to perform work-related activities before
the date of injury or disease.
(b) “Residual functional
capacity” (RFC) is established under section (10) of this rule and means an
individual’s remaining ability to perform work-related activities at the time
the worker is medically stationary.
(c) “Sedentary restricted”
means the worker only has the ability to carry or lift dockets, ledgers, small tools,
and other items weighing less than 10 pounds. A worker is also sedentary restricted
if the worker can perform the full range of sedentary activities, but with restrictions.
(d) “Sedentary (S)”
means the worker has the ability to occasionally lift or carry dockets, ledgers,
small tools and other items weighing 10 pounds.
(e) “Sedentary/light
(S/L)” means the worker has the ability to do more than sedentary activities,
but less than the full range of light activities. A worker is also sedentary/light
if the worker can perform the full range of light activities, but with restrictions.
(f) “Light (L)”
means the worker has the ability to occasionally lift 20 pounds and can frequently
lift or carry objects weighing up to 10 pounds.
(g) “Medium/light (M/L)”
means the worker has the ability to do more than light activities, but less than
the full range of medium activities. A worker is also medium/light if the worker
can perform the full range of medium activities, but with restrictions.
(h) “Medium (M)”
means the worker can occasionally lift 50 pounds and can lift or carry objects weighing
up to 25 pounds frequently.
(i) “Medium/heavy (M/H)”
means the worker has the ability to do more than medium activities, but less than
the full range of heavy activities. A worker is also medium/heavy if the worker
can perform the full range of heavy activities, but with restrictions.
(j) “Heavy (H)”
means the worker has the ability to occasionally lift 100 pounds and the ability
to frequently lift or carry objects weighing 50 pounds.
(k) “Very Heavy (V/H)”
means the worker has the ability to occasionally lift in excess of 100 pounds and
the ability to frequently lift or carry objects weighing more than 50 pounds.
(l) “Restrictions”
means that, by a preponderance of medical opinion, the worker is permanently limited
from:
(A) Sitting, standing, or
walking less than two hours at a time; or
(B) Working the same number
of hours as were worked at the time of injury, including any regularly worked overtime
hours; or
(C) Frequently performing
at least one of the following activities: stooping, bending, crouching, crawling,
kneeling, twisting, climbing, balancing, reaching, pushing, or pulling; or
(D) Frequently performing
at least one of the following activities involving the hand: fine manipulation,
squeezing, or grasping.
(m) “Occasionally”
means the activity or condition exists up to 1/3 of the time.
(n) “Frequently”
means the activity or condition exists up to 2/3 of the time.
(o) “Constantly”
means the activity or condition exists 2/3 or more of the time.
(9) Base Functional Capacity.
Base functional capacity (BFC) is established by using the following classifications:
sedentary (S), light (L), medium (M), heavy (H), and very heavy (VH) as defined
in section (8) of this rule. The strength classifications are found in the Dictionary
of Occupational Titles (DOT). Apply the subsection in this section that most accurately
describes the worker’s base functional capacity.
(a) The highest strength
category of the jobs successfully performed by the worker in the five years prior
to the date of injury.
(A) A combination of DOT
codes when they describe the worker’s job more accurately.
(B) A specific job analysis,
which includes the strength requirements, may be substituted for the DOT descriptions
if it most accurately describes the job. If a job analysis determines that the strength
requirements are in between strength categories then use the higher strength category.
(C) A job description that
the parties agree is an accurate representation of the physical requirements, as
well as the tasks and duties, of the worker’s regular job-at-injury. If the
job description determines that the strength requirements are in between strength
categories then use the higher strength category.
(b) A second-level physical
capacity evaluation as defined in OAR 436-010-0005 and 436-009-0060(2) performed
prior to the date of the work injury.
(c) For those workers who
do not meet the requirements under section (5) of this rule, and who have not had
a second-level physical capacity evaluation performed prior to the work injury or
disease, their prior strength is based on the worker’s job at the time of
injury.
(d) When a worker’s
highest prior strength has been reduced as a result of an injury or condition which
is not an accepted Oregon workers’ compensation claim the base functional
capacity is the highest of:
(A) The job at injury; or
(B) A second-level physical
capacities evaluation as defined in OAR 436-010-0005 and 436-009-0060(2) performed
after the injury or condition which was not an accepted Oregon workers’ compensation
claim but before the current work related injury.
(10) Residual Functional
Capacity. Residual functional capacity (RFC) is established by using the following
classifications: restricted sedentary (RS), sedentary (S), sedentary/light (S/L),
light (L), medium/light (M/L), medium (M), medium/heavy (M/H), heavy (H), and very
heavy (VH) and restrictions as defined in section (8) of this rule.
(a) Medical findings. Residual
functional capacity is evidenced by the attending physician’s release unless
a preponderance of medical opinion describes a different RFC.
(b) Other medical opinions.
For the purposes of subsection (a) of this section, the other medical opinion must
include at least a second-level physical capacity evaluation (PCE) or work capacity
evaluation (WCE) as defined in OAR 436-010-0005 and 436-009-0060(2) or a medical
evaluation that addresses the worker’s capability for lifting, carrying, pushing,
pulling, standing, walking, sitting, climbing, balancing, stooping, bending, kneeling,
crouching, crawling, and reaching. If multiple levels of lifting and carrying are
measured, an overall analysis of the worker’s lifting and carrying abilities
should be provided in order to allow an accurate determination of these abilities.
When the worker fails to cooperate or complete a residual functional capacity (RFC)
evaluation, the evaluation must be rescheduled or the evaluator must estimate the
worker’s RFC as if the worker had cooperated and used maximal effort.
(c) Work capacity diminished
by a superimposed, preexisting, or denied condition. Residual functional capacity
is a measure of the extent to which the worker’s capacity to perform work
is diminished by the compensable injury. If the worker’s capacity to perform
work is diminished by a superimposed, preexisting, or denied condition, the worker’s
residual functional capacity must be adjusted based on an estimate of what the worker’s
capacity to perform work would be if it had not been diminished by the superimposed,
preexisting, or denied condition.
(d) When the worker is not
medically stationary. Except for a claim closed under ORS 656.268(1)(c), if a worker
is not medically stationary, residual functional capacity is determined based on
an estimate of what the worker’s capacity to perform work would be if measured
at the time the worker is likely to become medically stationary.
(e) When the worker is not
medically stationary and work capacity is diminished by a superimposed, preexisting,
or denied condition. Except for a claim closed under ORS 656.268(1)(c), if a worker
is not medically stationary and the worker’s capacity to perform work is diminished
by a superimposed, preexisting, or denied condition, residual functional capacity
is determined based on an estimate of what the worker’s capacity to perform
work would be if measured at the time the worker is likely to become medically stationary
and if the worker’s capacity to perform work had not been diminished by the
superimposed, preexisting, or denied condition.
(f) Lifting capacity. For
the purposes of the determination of residual functional capacity, the worker’s
lifting capacity is based on the whole person, not an individual body part.
(g) Injuries before Jan.
1, 2005. If the date of injury is before Jan. 1, 2005, residual functional capacity
is determined under this section and is further adjusted based on an estimate of
what the worker’s capacity to perform work would be if it had only been diminished
by a compensable injury to the hip, shoulder, head, neck, or torso.
(11) In comparing the worker’s
base functional capacity (BFC) to the residual functional capacity (RFC), the values
for adaptability to perform a given job are as follows: [Table not included. See
ED. NOTE.]
(12) For those workers who
have an RFC between two categories and who also have restrictions, the next lower
classification is used. (For example, if a worker’s RFC is S/L and the worker
has restrictions, use S).
(13) When the date of injury
is on or after Jan. 1, 2005, determine adaptability by finding the adaptability
value for the worker’s extent of total impairment on the adaptability scale
below; compare this value with the residual functional capacity scale in section
(11) of this rule and use the higher of the two values for adaptability. Adaptability
Scale: [Table not included. See ED. NOTE.]
(14) When the date of injury
is before Jan. 1, 2005, for those workers who have ratable unscheduled impairment
found in rules OAR 436-035-0019 or 436-035-0330 through 436-035-0450, determine
adaptability by applying the extent of total unscheduled impairment to the adaptability
scale in section (13) of this rule and the residual functional capacity scale in
section (11) of this rule and use the higher of the two values for adaptability.
(15) To determine the social-vocational
factor value, which represents the total calculation of age, education, and adaptability,
complete the following steps.
(a) Determine the appropriate
value for the age factor using section (2) of this rule.
(b) Determine the appropriate
value for the education factor using sections (4) and (5) of this rule.
(c) Add age and education
values together.
(d) Determine the appropriate
value for the adaptability factor using sections (7) through (14) of this rule.
(e) Multiply the result from
step (c) by the value from step (d) for the social-vocational factor value.
(16) Prorating or interpolating
between social-vocational values is not allowed. All values must be expressed as
whole numbers.
[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 656.726
Stats. Implemented.: ORS
656.005, 656.214, 656.268 & 656.726
Hist.: WCD 9-2004, f. 10-26-04,
cert. ef. 1-1-05; WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06; WCD 2-2010, f. 5-5-10,
cert. ef. 6-1-10; WCD 8-2012, f. 11-26-12, cert. ef. 1-1-13; WCD 1-2015, f. 1-29-15,
cert. ef. 3-1-15
436-035-0013
Findings of Impairment
(1) Findings of impairment, generally.
Findings of impairment are objective medical findings that measure the extent to
which a worker has suffered permanent loss of use or function of a body part or
system.
(2) Findings of impairment
when the worker is medically stationary. If the worker is medically stationary,
findings of impairment are determined by performing the following steps:
(a) In injury claims.
(A) Identify each body part
or system in which use or function is permanently lost as a result of an accepted
condition, a direct medical sequela of an accepted condition, or a condition directly
resulting from the work injury.
(B) For each body part or
system identified in paragraph (A) of this subsection, establish the extent to which
use or function of the body part or system is permanently lost; and
(C) Establish the portion
of the loss caused by:
(i) Any accepted condition;
(ii) Any direct medical sequela
of an accepted condition;
(iii) Any condition directly
resulting from the work injury;
(iv) Any condition that existed
before the initial injury incident but does not qualify as a preexisting condition;
(v) Any preexisting condition
that is not otherwise compensable;
(vi) Any denied condition;
and
(vii) Any superimposed condition.
Example: Accepted condition: Low back
strain
Superimposed condition: pregnancy
(mid-term)
In the closing examination, the
attending physician describes range of motion findings and states that 10% of the
range of motion loss is due to the accepted condition, 50% of the loss is due to
a lumbar disc herniation that the attending physician determines directly results
from the work injury, and 40% of the loss is due to the pregnancy. The worker is
eligible for an impairment award for the 60% of the range of motion loss that is
due to the low back strain and disc herniation. Under these rules, the range of
motion loss is valued at 10%. 10% x .60 equals 6% impairment.
(b) In new or omitted condition claims.
(A) Identify each body part
or system in which use or function is permanently lost as a result of an accepted
new or omitted condition or a direct medical sequela of an accepted new or omitted
condition.
(B) For each body part or
system identified in paragraph (A) of this subsection, establish the extent to which
use or function of the body part or system is permanently lost; and
(C) Establish the portion
of the loss caused by:
(i) Any accepted new or omitted
condition;
(ii) Any direct medical sequela
of an accepted new or omitted condition;
(iii) In a new condition
claim, any condition that existed before the onset of the accepted new medical condition
but does not qualify as a preexisting condition;
(iv) In an omitted condition
claim, any condition that existed before the initial injury incident but does not
qualify as a preexisting condition;
(v) Any preexisting condition
that is not otherwise compensable;
(vi) Any denied condition;
and
(vii) Any superimposed condition.
(c) In aggravation claims.
(A) Identify each body part
or system in which use or function is permanently lost as a result of an accepted
worsened condition or a direct medical sequela of an accepted worsened condition.
(B) For each body part or
system identified in paragraph (A) of this subsection, establish the extent to which
use or function of the body part or system is permanently lost; and
(C) Establish the portion
of the loss caused by:
(i) Any accepted worsened
condition;
(ii) Any direct medical sequela
of an accepted worsened condition;
(iii) Any condition that
existed before the onset of the accepted worsened condition but does not qualify
as a preexisting condition;
(iv) Any preexisting condition
that is not otherwise compensable;
(v) Any denied condition;
and
(vi) Any superimposed condition.
(d) In occupational disease
claims.
(A) Identify each body part
or system in which use or function is permanently lost as a result of an accepted
occupational disease or a direct medical sequela of an accepted occupational disease.
(B) For each body part or
system identified in paragraph (A) of this subsection, establish the extent to which
use or function of the body part or system is permanently lost; and
(C) Establish the portion
of the loss caused by:
(i) Any accepted occupational
disease;
(ii) Any direct medical sequela
of an accepted occupational disease;
(iii) Any preexisting condition
that is not otherwise compensable;
(iv) Any denied condition;
and
(v) Any superimposed condition.
(3) Findings of impairment
when the worker is not medically stationary. Except for a claim closed under ORS
656.268(1)(c), if the worker is not medically stationary, findings of impairment
are determined by performing the following steps:
(a) In injury claims.
(A) Identify each body part
or system in which use or function is likely to be permanently lost as a result
of an accepted condition, a direct medical sequela of an accepted condition, or
a condition directly resulting from the work injury at the time the worker is likely
to become medically stationary;
(B) For each body part or
system identified in paragraph (A) of this subsection, estimate the extent to which
the use or function of the body part or system is likely to be permanently lost
at the time the worker is likely to become medically stationary; and
(C) Estimate the portion
of the loss that is likely to be caused by:
(i) Any accepted condition;
(ii) Any direct medical sequela
of an accepted condition;
(iii) Any condition directly
resulting from the work injury;
(iv) Any condition that existed
before the initial injury incident but does not qualify as a preexisting condition;
(v) Any preexisting condition
that is not otherwise compensable;
(vi) Any denied condition;
and
(vii) Any superimposed condition.
(b) In new or omitted condition
claims.
(A) Identify each body part
or system in which use or function is likely to be permanently lost as a result
of an accepted new or omitted condition or a direct medical sequela of an accepted
new or omitted condition at the time the worker is likely to become medically stationary;
(B) For each body part or
system identified in paragraph (A) of this subsection, estimate the extent to which
the use or function of the body part or system is likely to be permanently lost
at the time the worker is likely to become medically stationary; and
(C) Estimate the portion
of the loss that is likely to be caused by:
(i) Any accepted new or omitted
condition;
(ii) Any direct medical sequela
of an accepted new or omitted condition;
(iii) In a new condition
claim, any condition that existed before the onset of the accepted new medical condition
but does not qualify as a preexisting condition;
(iv) In an omitted condition
claim, any condition that existed before the initial injury incident but does not
qualify as a preexisting condition;
(v) Any preexisting condition
that is not otherwise compensable;
(vi) Any denied condition;
and
(vii) Any superimposed condition.
(c) In aggravation claims.
(A) Identify each body part
or system in which use or function is likely to be permanently lost as a result
of an accepted worsened condition or a direct medical sequela of an accepted worsened
condition at the time the worker is likely to become medically stationary;
(B) For each body part or
system identified in paragraph (A) of this subsection, estimate the extent to which
the use or function of the body part or system is likely to be permanently lost
at the time the worker is likely to become medically stationary; and
(C) Estimate the portion
of the loss that is likely to be caused by:
(i) Any accepted worsened
condition;
(ii) Any direct medical sequela
of an accepted worsened condition;
(iii) Any condition that
existed before the onset of the accepted worsened condition but does not qualify
as a preexisting condition;
(iv) Any preexisting condition
that is not otherwise compensable;
(v) Any denied condition;
and
(vi) Any superimposed condition.
(d) In occupational disease
claims.
(A) Identify each body part
or system in which use or function is likely to be permanently lost as a result
of an accepted occupational disease or a direct medical sequela of an accepted occupational
disease at the time the worker is likely to become medically stationary;
(B) For each body part or
system identified in paragraph (A) of this subsection, estimate the extent to which
the use or function of the body part or system is likely to be permanently lost
at the time the worker is likely to become medically stationary; and
(C) Estimate the portion
of the loss that is likely to be caused by:
(i) Any accepted occupational
disease;
(ii) Any direct medical sequela
of an accepted occupational disease;
(iii) Any preexisting condition
that is not otherwise compensable;
(iv) Any denied condition;
and
(v) Any superimposed condition.
(4) Age and education. The
social-vocational factors of age and education (including SVP) are not apportioned,
but are determined as of the date of issuance.
(5) Irreversible findings
of impairment or surgical value. Workers with an irreversible finding of impairment
or surgical value due to the compensable injury receive the full value awarded in
these rules for the irreversible finding or surgical value.
Example: Compensable injury: Low back
strain with herniated disk at L5-S1 and diskectomy.
Noncompensable condition: pregnancy
(mid-term)
The worker is released to regular
work. In the closing examination, the physician describes range of motion findings
and states that 60% of the range of motion loss is due to the compensable injury.
Under these rules, the range of motion loss is valued at 10%. 10% x .60 equals 6%.
Diskectomy at L5-S1 (irreversible
finding) = 9% per these rules.
Combine 9% with 6% for a value
of 14% impairment for the compensable injury.
[ED. NOTE: Examples referenced are available
from the agency.]
Stat. Auth.: ORS 656.726
Stats. Implemented.: ORS
656.005, 656.214, 656.268, 656.726
Hist.: WCD 9-2004, f. 10-26-04,
cert. ef. 1-1-05; WCD 2-2010, f. 5-5-10, cert. ef. 6-1-10; WCD 1-2015, f. 1-29-15,
cert. ef. 3-1-15
436-035-0014
Preexisting Conditions and Combined
Conditions
(1) Preexisting conditions, generally.
A worker is not eligible for an award for permanent disability caused by a preexisting
condition, unless the preexisting condition is otherwise compensable.
(2) Worsened preexisting
conditions. If a worsened preexisting condition is compensable under ORS 656.225,
a worker is eligible for an award for permanent disability caused by the worsened
preexisting condition.
Example: (No apportionment):
Compensable injury (remains major
contributing cause): Herniated disk L5-S1/diskectomy.
Preexisting 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.)
(3) Combined conditions. If a worker’s
compensable injury combines with a preexisting condition, under ORS 656.005(7),
to cause or prolong disability or a need for treatment, the worker has a combined
condition. If a combined condition is compensable, a worker is eligible for an award
for permanent disability caused by the combined condition.
(4) Permanent partial disability
awarded after a major contributing cause denial. If a claim is closed under ORS
656.268(1)(b), because the compensable injury is no longer the major contributing
cause of the disability of the combined condition or the major contributing cause
of the need for treatment of the combined condition, the likely permanent disability
that would have been due to the current accepted condition must be estimated. The
current accepted condition is the component of the otherwise denied combined condition
that remains related to the compensable injury.
Stat. Auth.: ORS 656.726
Stats. Implemented.: ORS
656.005, 656.214, 656.225 & 656.268, 656.726
Hist.: WCD 9-2004, f. 10-26-04,
cert. ef. 1-1-05; WCD 2-2010, f. 5-5-10, cert. ef. 6-1-10; WCD 1-2015, f. 1-29-15,
cert. ef. 3-1-15
436-035-0015
Offsetting Prior Awards
If a worker has a prior award of permanent disability under Oregon Workers’ Compensation Law, the award is considered in subsequent claims under ORS 656.222 and 656.214.
(1) A prior award can be used to offset an award for a subsequent claim when all the following are true:
(a) The prior claim is closed under Oregon Workers’ Compensation Law;
(b) The prior claim has an award of permanent disability;
(c) The disability in the prior claim has not fully dissipated as outlined in section (2) of this rule; and
(d) Both claims have similar disabilities as outlined in sections (3) and (4) of this rule.
(2) A disability from a prior claim is considered to have fully dissipated if there is not a preponderance of medical evidence or opinion establishing that disability from the prior injury or disease was still present on the date of the injury or disease of the claim being determined. If disability from the prior injury or disease was not still present, an offset is not applied.
(3) The following are considered when determining what impairment findings can be offset from a prior claim:
(a) Only identical impairment findings of like body parts or systems are to be offset (e.g., left leg sensation loss to left leg sensation loss, chronic low back to chronic low back, psychological to psychological, etc.).
(b) A more distal body part impairment finding may be offset against a more proximal body part impairment finding (or vice versa) if there is a combined effect of impairment (e.g., a right forearm impairment finding may be offset against a right arm impairment finding).
(c) Irreversible findings and surgical values are not offset.
(4) The following are considered when determining what disability findings can be offset from a prior claim:
(a) When a worker successfully returns to work in a position requiring greater physical capacity than the RFC established at the time of claim closure in a prior claim, an offset is not applied. The BFC for the current claim closure is established under OAR 436-035-0012, without offsetting the RFC from the prior claim.
(b) The social-vocational factors of age and education (including SVP) are not offset, but are redetermined as of the date of issuance.
(5) The following are considered when calculating the current disability award and applying an offset:
(a) The worker’s loss of use or function or loss of earning capacity for the current disability under the standards;
(b) The conditions or findings of impairment from the prior awards which were still present just prior to the current claim;
(c) The worker’s adaptability factors which were still present just prior to the current claim, if appropriate; and
(d) The combined effect of the prior and current injuries (the overall disability to a given body part), including the extent to which the current loss of use or function or loss of earning capacity (impairment and social-vocational factors) from a prior injury or disease was still present at the time of the current injury or disease. After considering and comparing the claims, any award of compensation in the current claim for loss of use or function or loss of earning capacity caused by the current injury or disease (which did not exist at the time of the current injury or disease and for which the worker was not previously compensated) is granted.
(e) When there is measurable impairment in the current claim and the worker has not returned to regular work but the offset applied reduces the impairment award to zero, the worker is entitled to a work disability award. The work disability calculation must include the percentage of measurable impairment from the current claim.
Stat. Auth.: ORS 656.726

Stats. Implemented.: ORS 656.005, 656.214, 656.222, 656.268, 656.726

Hist.: WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 2-2010, f. 5-5-10, cert. ef. 6-1-10
436-035-0016
Reopened Claim for Aggravation/Worsening
(1) Worsened conditions. When an aggravation
claim is closed, the extent of permanent disability caused by any worsened condition
accepted under the aggravation claim is compared to the extent of disability that
existed at the time of the last award or arrangement of compensation.
(2) Conditions not actually
worsened. Permanent disability caused by conditions not actually worsened continues
to be the same as that established at the last arrangement of compensation.
(3) Redetermination of permanent
disability. Except as provided by ORS 656.325 and 656.268(10), where a redetermination
of permanent disability under ORS 656.273 results in an award that is less than
the total of the worker’s prior arrangements of compensation in the claim,
the award is not reduced.
Stat. Auth.: ORS 656.726 & 656.273
Stats. Implemented.: ORS
656.005, 656.214, 656.268 & 656.726
Hist.: WCD 9-2004, f. 10-26-04,
cert. ef. 1-1-05; WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06; WCD 1-2015, f. 1-29-15,
cert. ef. 3-1-15
436-035-0017
Authorized Training Program (ATP)
(1) When a worker
ceases to be enrolled and actively engaged in training under ORS 656.268(10) and
there is no accepted aggravation in the current open period, one of the following
applies:
(a) When
the date of injury is prior to January 1, 2005, the worker is entitled to have the
amount of unscheduled permanent disability for a compensable condition reevaluated
under these rules. The re-evaluation includes impairment, which may increase, decrease,
or affirm the worker’s permanent disability award; or
(b) When
the date of injury is on or after January 1, 2005, the worker’s work disability
is re-evaluated under these rules. Impairment is not re-evaluated. The re-evaluation
of the work disability may increase, decrease, or affirm the worker’s permanent
disability award.
(2) When
a worker ceases to be enrolled and actively engaged in training under ORS 656.268(10)
and there is an accepted aggravation in the same open period, permanent partial
disability is redetermined under OAR 436-035-0016.
Stat. Auth.: ORS
656.726

Stats. Implemented.:
ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD
9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06;
WCD 8-2012, f. 11-26-12, cert. ef. 1-1-13
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.
Stat. Auth.: ORS 656.726
Stats. Implemented.: ORS
656.005, 656.214, 656.268 & 656.726
Hist.: WCD 9-2004, f. 10-26-04,
cert. ef. 1-1-05; WCD 8-2012, f. 11-26-12, cert. ef. 1-1-13; WCD 1-2015, f. 1-29-15,
cert. ef. 3-1-15
436-035-0019
Chronic Condition
(1) A worker is entitled to a 5% chronic condition impairment value for each applicable body part, when a preponderance of medical opinion establishes that, due to a chronic and permanent medical condition, the worker is significantly limited in the repetitive use of one or more of the following body parts:
(a) Lower leg (below knee/foot/ankle);
(b) Upper leg (knee and above);
(c) Forearm (below elbow/hand/wrist);
(d) Arm (elbow and above);
(e) Cervical;
(f) Thoracic spine;
(g) Shoulder;
(h) Low back;
(i) Hip; or
(j) Chest.
(2) Chronic condition impairments are to be combined with other impairment values, not added.
Stat. Auth.: ORS 656.726

Stats. Implemented.: ORS 656.005, 656.214, 656.268, 656.726

Hist.: WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06; WCD 2-2010, f. 5-5-10, cert. ef. 6-1-10
436-035-0020
Parts of the Upper Extremities
(1) The arm begins with the head of the humerus. It includes the elbow joint.
(2) The forearm begins distal to the elbow joint and includes the wrist (carpal bones).
(3) The hand begins at the joints between the carpals and metacarpals. It extends to the joints between the metacarpals and the phalanges.
(4) The thumb and fingers begin at the joints between the metacarpal bones and the phalanges. They extend to the tips of the thumb and fingers, respectively.
Stat. Auth.: ORS 656.726

Stats. Implemented: ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD 4-1980(Admin), f. 3-20-80, ef. 4-1-80; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82; Renumbered from 436-065-0006, 5-1-85; WCD 13-1987, f. 12-18-87, ef. 1-1-88; WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89; Renumbered from 436-030-0130; WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05
436-035-0030
Amputations in the Upper Extremitie
(1) Loss of the arm
at or proximal to the elbow joint is 100% loss of the arm.
(2) Loss
of the forearm at or proximal to the wrist joint is 100% loss of the forearm.
(3) Loss
of the hand at the carpal bones is 100% loss of the hand.
(4) Loss
of all or part of a metacarpal is rated at 10% of the hand.
(5) Amputation
or resection (without reattachment) proximal to the head of the proximal phalanx
is 100% loss of the thumb. The ratings for other amputation(s) or resection(s) (without
reattachment) of the thumb are as follows
(6) Amputation
or resection (without reattachment) proximal to the head of the proximal phalanx
is 100% loss of the finger. The ratings for other amputation(s) or resection(s)
(without reattachment) of the finger are as follows:
(7) Oblique
(angled) amputations are rated at the most proximal loss of bone.
(8) When
a value is granted under sections (5) and (6) of this rule which includes a joint,
no value for range of motion of this joint is granted in addition to the amputation
value.
(9) Loss
of length in a digit other than amputation or resection without reattachment (e.g.,
fractures, loss of soft tissue from infection, amputation or resection with reattachment,
etc.) is rated by comparing the remaining overall length of the digit to the applicable
amputation chart under these rules and rating the overall length equivalency.
[ED NOTE: Diagrams
referenced are available from the agency.]
[ED. NOTE: Ratings referenced are not included in rule text. Click here for PDF copy of rating(s).]
Stat. Auth.:
ORS 656.726
Stats. Implemented:
ORS 656.005, 656.214, 656.268 & 656.726
Hist.: WCB
5-1975, f. 2-6-75, ef. 2-25-75; WCD 8-1978(Admin), f. 6-30-78, ef. 7-10-78; WCD
4-1980(Admin), f. 3-20-80, ef. 4-1-80; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82;
Renumbered from 436-065-0010, 5-1-85; WCD 13-1987, f. 12-18-87, ef. 1-1-88; WCD
2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89;
Renumbered from 436-030-0140; WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 3-1996,
f. 1-29-96, cert. ef. 2-17-96; WCD 2-2003, f. 1-15-03 cert. ef. 2-1-03; WCD 9-2004,
f. 10-26-04, cert. ef. 1-1-05; WCD 8-2012, f. 11-26-12, cert. ef. 1-1-13
436-035-0040
Loss of Opposition
in Thumb/Finger Amputations
(1) Loss of opposition
is rated as a proportionate loss of use of the digits which can no longer be effectively
opposed.
(a) For amputations
which are not exactly at the joints, adjust the ratings in steps of 5%, increasing
as the amputation gets closer to the attachment to the hand, decreasing to zero
as it gets closer to the tip.
(b) When
the value for loss of opposition is less than 5%, no value is granted.
(2) The following
ratings apply to thumb amputations for loss of opposition:
(a) For thumb
amputations at the interphalangeal level: [Rating not included. See ED. NOTE.]
(b) For thumb
amputations at the metacarpophalangeal level: [Rating not included. See ED. NOTE.]
(3) The following
ratings apply to finger amputations for loss of opposition. In every case, the opposing
digit is the thumb: For finger amputations at the distal interphalangeal joint:
[Rating not included. See ED. NOTE.]
(4) When
determining loss of opposition due to loss of length in a digit, other than amputation
or resection without reattachment, the value is established by comparing the remaining
overall length of the digit to the applicable amputation chart under these rules
and rated based on the overall length equivalency.
(5) If the
injury is to one digit only and opposition loss is awarded for a second digit, do
not convert the two digits to loss in the hand. Conversion to hand can take place
only when more than one digit has impairment without considering opposition
[ED. NOTE: Ratings
referenced are available from the agency.]
: Ratings referenced are not included in rule text. Click here for PDF copy of rating(s).]
Stat. Auth.:
ORS 656.726

Stats. Implemented:
ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD
2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89;
Renumbered from 436-030-0150; WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 6-1992,
f. 2-14-92, cert. ef. 3-13-92; WCD 3-1996, f. 1-29-96, cert. ef. 2-17-96; WCD 2-2003,
f. 1-15-03 cert. ef. 2-1-03; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 8-2012,
f. 11-26-12, cert. ef. 1-1-13
436-035-0050
Thumb
(1) The following ratings are for loss of flexion at the interphalangeal joint of the thumb: [Rating not included. See ED. NOTE.]
(2) The following ratings are for loss of extension at the interphalangeal joint of the thumb: [Rating not included. See ED. NOTE.]
(3) The following ratings are for ankylosis of the interphalangeal joint of the thumb: [Rating not included. See ED. NOTE.]
(4) The following ratings are for loss of flexion at the metacarpophalangeal joint of the thumb: [Rating not included. See ED. NOTE.]
(5) The following ratings are for loss of extension at the metacarpophalangeal joint of the thumb: [Rating not included. See ED. NOTE.]
(6) The following ratings are for ankylosis of the metacarpophalangeal joint of the thumb: [Rating not included. See ED. NOTE.]
(7) For losses in the carpometacarpal joint refer to OAR 436-035-0075.
[ED. NOTE: Ratings referenced are not included in rule text. Click here for PDF copy of rating(s).]
Stat. Auth.: ORS 656.726

Stats. Implemented: ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD 8-1978(Admin), f. 6-30-78, ef. 7-10-78; WCD 4-1980(Admin), f. 3-20-80, ef. 4-1-80; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82; Renumbered from 436-065-0100, 5-1-85; WCD 13-1987, f. 12-18-87, ef. 1-1-88; WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89; Renumbered from 436-030-0160; WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 3-1996, f. 1-29-96, cert. ef. 2-17-96; WCD 15-1996(Temp), f. & cert. ef. 7-3-96; WCD 18-1996(Temp), f. 8-6-96, cert. ef. 8-7-96; WCD 1-1997, f. 1-9-97, cert. ef. 2-15-97; WCD 2-2003, f. 1-15-03 cert. ef. 2-1-03; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 2-2010, f. 5-5-10, cert. ef. 6-1-10
436-035-0060
Finger
(1) The following ratings are for loss of flexion at the distal interphalangeal joint of any finger: [Rating not included. See ED. NOTE.]
(2) The following ratings are for loss of extension at the distal interphalangeal joint of any finger: [Rating not included. See ED. NOTE.]
(3) The following ratings are for ankylosis in the distal interphalangeal joint of any finger: [Rating not included. See ED. NOTE.]
(4) The following ratings are for loss of flexion at the proximal interphalangeal joint of any finger: [Rating not included. See ED. NOTE.]
(5) The following ratings are for loss of extension at the proximal interphalangeal joint of any finger: [Rating not included. See ED. NOTE.]
(6) The following ratings are for ankylosis in the proximal interphalangeal joint of any finger: [Rating not included. See ED. NOTE.]
(7) The following ratings are for loss of flexion at the metacarpophalangeal joint of any finger: [Rating not included. See ED. NOTE.]
(8) The following ratings are for loss of extension at the metacarpophalangeal joint of any finger: [Rating not included. See ED. NOTE.]
(9) The following ratings are for ankylosis in the metacarpophalangeal joint of any finger: [Rating not included. See ED. NOTE.]
(10) Rotational, lateral, dorsal, or palmar deformity of a finger shall receive a value of 10% for the finger.
[ED. NOTE: Ratings referenced are not included in rule text. Click here for PDF copy of rating(s).]
Stat. Auth.: ORS 656.726

Stats. Implemented: ORS 656.005, 656.214, 656.268, 656.726

Hist.: WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89; Renumbered from 436-030-0170; WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 3-1996, f. 1-29-96, cert. ef. 2-17-96; WCD 2-2003, f. 1-15-03 cert. ef. 2-1-03; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 2-2010, f. 5-5-10, cert. ef. 6-1-10
436-035-0070
Conversion of Thumb/Finger Values to Hand Value
(1) Loss of use of two or more digits is converted to a value for loss in the hand if the worker will receive more money for the conversion. At least two digits must have impairment other than loss of opposition to qualify for conversion to hand.
(2) When converting impairment values of digits to hand values, the applicable hand impairment is determined by rating the total impairment value in each digit under OAR 436-035-0011(2)(b), then converting the digit values to hand values, and then adding the converted values. Digit values between zero and one are rounded to one prior to conversion.
(3) The following table shall be used to convert loss in the thumb to loss in the hand: [Table not included. See ED. NOTE.]
(4) The following table shall be used to convert loss in the index finger to loss in the hand: [Table not included. See ED. NOTE.]
(5) The following table shall be used to convert loss in the middle finger to loss in the hand: [Table not included. See ED. NOTE.]
(6) The following table shall be used to convert loss in the ring finger to loss in the hand: [Table not included. See ED. NOTE.]
(7) The following table shall be used to convert loss in the little finger to loss in the hand: [Table not included. See ED. NOTE.]
[ED. NOTE: Tables referenced are available from the agency.]
Stat. Auth.: ORS 656.726

Stats. Implemented: ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89; Renumbered from 436-030-0180; WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 6-1992, f. 2-14-92, cert. ef. 3-13-92; WCD 3-1996, f. 1-29-96, cert. ef. 2-17-96; WCD 1-1997, f. 1-9-97, cert. ef. 2-15-97; WCD 6-1998, f. 5-13-98, cert. ef. 7-1-98; WCD 2-2003, f. 1-15-03 cert. ef. 2-1-03; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05
436-035-0075
Hand
(1) Pursuant to OAR 436-035-0020(3), the ratings in this section are hand values. Abduction and adduction of the carpometacarpal joint of the thumb are associated with the ability to extend and flex. This association has been taken into consideration in establishing the percentages of impairment.
(2) The following ratings are for loss of flexion (adduction) of the carpometacarpal joint of the thumb: [Rating not included. See ED. NOTE]
(3) The following ratings are for loss of extension (abduction) of the carpometacarpal joint of the thumb: [Rating not included. See ED. NOTE]
(4) The following ratings are for ankylosis of the carpometacarpal joint in flexion (adduction) of the thumb: [Rating not included. See ED. NOTE]
(5) The following ratings are for ankylosis of the carpometacarpal joint in extension (abduction) of the thumb: [Rating not included. See ED. NOTE]
[ED. NOTE: Ratings referenced are available from the agency.]
Stat. Auth.: ORS 656.726

Stats. Implemented: ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89; WCD 3-1996, f. 1-29-96, cert. ef. 2-17-96; WCD 2-2003, f. 1-15-03 cert. ef. 2-1-03; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05
436-035-0080
Wrist
(1) The following ratings are for loss of (dorsiflexion) extension at the wrist joint: [Rating not included. See ED. NOTE]
(2) The following ratings are for (dorsiflexion) extension ankylosis in the wrist joint: [Rating not included. See ED. NOTE]
(3) The following ratings are for loss of (palmar) flexion in the wrist joint: [Rating not included. See ED. NOTE]
(4) The following ratings are for (palmar) flexion ankylosis in the wrist joint: [Rating not included. See ED. NOTE]
(5) The following ratings are for loss of radial deviation in the wrist joint: [Rating not included. See ED. NOTE]
(6) The following ratings are for radial deviation ankylosis in the wrist joint: [Rating not included. See ED. NOTE]
(7) The following ratings are for loss of ulnar deviation in the wrist joint: [Rating not included. See ED. NOTE]
(8) The following ratings are for ulnar deviation ankylosis in the wrist joint: [Rating not included. See ED. NOTE]
(9) Injuries which result in a loss of pronation or supination in the wrist joint shall be valued pursuant to OAR 436-035-0100(4).
[ED. NOTE: Ratings referenced are available from the agency.]
Stat. Auth.: ORS 656.726

Stats. Implemented: ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD 4-1980(Admin), f. 3-20-80, ef. 4-1-80; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82; Renumbered from 436-065-0520, 5-1-85; WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; Amended 12-21-88 as WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89; Renumbered from 436-030-0190; WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 6-1992, f. 2-14-92, cert. ef. 3-13-92; WCD 3-1996, f. 1-29-96, cert. ef. 2-17-96; WCD 2-2003, f. 1-15-03 cert. ef. 2-1-03; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05
436-035-0090
Conversion of Hand/Forearm Values to Arm Value
The following table shall be used to convert a loss in the hand/forearm to a loss in the arm: [Table not included. See ED. NOTE.]
[ED. NOTE: Tables referenced are available from the agency.]
Stat. Auth.: ORS 656.726

Stats. Implemented: ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD 4-1980(Admin), f. 3-20-80, ef. 4-1-80; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82; Renumbered from 436-065-0524, 5-1-85; WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89; Renumbered from 436-030-0200; WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 3-1996, f. 1-29-96, cert. ef. 2-17-96; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05
436-035-0100
Arm
(1) The following ratings are for loss of flexion in the elbow joint (150° describes the arm in full flexion): [Rating not included. See ED. NOTE]
(2) The following ratings are for loss of extension in the elbow joint (0° describes the arm in full extension): [Rating not included. See ED. NOTE]
(3) Ankylosis of the elbow in flexion or extension shall be rated as follows: [Rating not included. See ED. NOTE]
(4) The following ratings are for loss of pronation or supination in the elbow joint. If there are losses in both pronation and supination, rate each separately and add the values: [Rating not included. See ED. NOTE]
(5) Ankylosis of the elbow in pronation or supination will be rated as follows: [Rating not included. See ED. NOTE]
[ED. NOTE: Ratings referenced are available from the agency.]
Stat. Auth.: ORS 656.726

Stats. Implemented: ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD 4-1980(Admin), f. 3-20-80, ef. 4-1-80; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82; Renumbered from 436-065-0525, 5-1-85; WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89; Renumbered from 436-030-0210; WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 6-1992, f. 2-14-92, cert. ef. 3-13-92; WCD 3-1996, f. 1-29-96, cert. ef. 2-17-96; WCD 1-1997, f. 1-9-97, cert. ef. 2-15-97; WCD 2-2003, f. 1-15-03 cert. ef. 2-1-03; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05
436-035-0110
Other Upper Extremity Findings
(1) Loss of palmar
sensation in the hand, finger(s), or thumb is rated based on the location and quality
of the loss, and is measured by the two-point discrimination method.
(a) Sensation
is determined by using any instrumentation that allows for measuring the distance
between two pin pricks applied at the same time (two-point) and using the following
procedure:
(A) With
the worker’s eyes closed, the examiner touches the tip of the instrument to
the digit in the longitudinal axis on the radial or ulnar side.
(B) The worker
indicates whether one or two points are felt.
(C) A varied
series of one or two points are applied.
(D) Testing
is started distally and proceeds proximally to determine the longitudinal level
of involvement.
(E) The ends
of the testing device are set first at 15 mm apart and the distance is progressively
decreased as accurate responses are obtained.
(F) The minimum
distance at which the individual can accurately discriminate between one and two
point tests in two out of three applications is recorded for each area.
(b) If enough
sensitivity remains to distinguish two pin pricks applied at the same time (two
point), the following apply: [Rating not included. See ED. NOTE.]
(c) In determining
sensation findings for a digit that has been resected or amputated, the value is
established by comparing the remaining overall length of the digit to the table
in subsection (1)(d) of this rule and rating the length equivalency.
For example: Amputation
of 1/2 the middle phalanx of the index finger with total sensory loss extending
from the level of amputation to the metacarpophalangeal joint, results in a value
for 1/2 the digit or 33%.
(d) Loss of sensation
in the finger(s) or thumb is rated as follows: [Rating not included. See ED. NOTE.]
(e) If the
level of the loss is less than 1/2 the distal phalanx or falls between the levels
in subsection (d) of this section, rate at the next highest (or more proximal) level.
(f) In determining
sensation impairment in a digit in which the sensation loss does not extend to the
distal end of the digit, the value is established by determining the value for loss
from the distal end of the digit to the proximal location of the loss, and subtracting
the value for loss from the distal end of the digit to the distal location of the
loss.
Example: Grade 2
sensation in the index finger between the PIP joint and the MP joint:
Loss from
distal end of the finger to the MP joint (proximal location of loss)   25%
Minus loss
from distal end of the finger to the PIP joint (distal location of loss)   20%
Equals loss
between MP and PIP    5%
(g) Sensation loss
on the palmar side of the hand is rated as follows: [Rating not included. See ED.
NOTE.]
(h) Loss
of sensation or hypersensitivity on the dorsal side of the hand, fingers or thumb
is not considered a loss of function, so no value is allowed.
(i) Sensory
loss or hypersensitivity in the forearm or arm is not considered a loss of function,
therefore no value is allowed.
(j) When
there are multiple losses of palmar sensation in a single body part (e.g., hand,
finger(s), or thumb), the impairment values are first combined for an overall loss
of sensation value for the individual digit or hand. This value is then combined
with other impairment values for that digit or hand prior to conversion.
(k) Hypersensitivity
is valued using the above loss of sensation tables. Mild hypersensitivity is valued
at the equivalent impairment level as less than normal sensation, moderate hypersensitivity
the equivalent of protective sensation loss, and severe hypersensitivity the equivalent
of a total loss of sensation.
(l) When
there is a loss of use or function due to hypersensitivity and decreased two-point
discrimination (i.e., sensation loss), both conditions are rated.
(2) When
surgery or an injury results in arm length discrepancies involving the injured arm,
the following values are given on the affected arm for the length discrepancy: [Rating
not included. See ED. NOTE.]
(3) Joint
instability in the finger(s), thumb, hand, or wrist is rated based on the body part
affected: [Rating not included. See ED. NOTE.]
(4) Lateral
deviation or malalignment of the upper extremity is valued as follows:
(a) Increased
lateral deviation at the elbow is determined as follows: [Rating not included. See
ED. NOTE.]
(b) Fracture
resulting in angulation or malalignment, other than at the elbow, is determined
as follows: [Rating not included. See ED. NOTE.]
(c) Rotational,
lateral, dorsal, or palmar deformity of the thumb receives a value of 10% of the
thumb for each type of deformity.
(d) Rotational,
lateral, dorsal, or palmar deformity of a finger receives a value of 10% for the
finger for each type of deformity.
(5) Surgery
on the upper extremity is valued as follows: [Rating not included. See ED. NOTE.]
(6) Dermatological
conditions, including burns, which are limited to the arm, forearm, hand, fingers,
or thumb are rated based on the body part affected. The percentages indicated in
the classes below are applied to the affected body part(s), e.g., a Class 1 dermatological
condition of the thumb is 3% of the thumb, or a Class 1 dermatological condition
of the hand is 3% of the hand, or a Class 1 dermatological condition of the arm
is 3% of the arm. Contact dermatitis of an upper extremity is rated in this section
unless it is an allergic systemic reaction, which is also rated under OAR 436-035-0450.
Contact dermatitis for a body part other than the upper or lower extremities is
rated under OAR 436-035-0440. Impairments may or may not show signs or symptoms
of skin disorder upon examination but are rated under the following classes:
(a) Class
1: 3% for the affected body part if treatment results in no more than minimal limitation
in the performance of activities of daily living (ADL), although exposure to physical
or chemical agents may temporarily increase limitations.
(b) Class
2: 15% for the affected body part if intermittent treatments and prescribed examinations
are required, and the worker has some limitations in the performance of ADL.
(c) Class
3: 38% for the affected body part if regularly prescribed examinations and continuous
treatments are required, and the worker has many limitations in the performance
of ADL.
(d) Class
4: 68% for the affected body part if continuous prescribed treatments are required.
The treatment may include periodically having the worker stay home or admitting
the worker to a care facility, and the worker has many limitations in the performance
of ADL.
(e) Class
5: 90% for the affected body part if continuous prescribed treatment is required.
The treatment necessitates having the worker stay home or being permanently admitted
to a care facility, and the worker has severe limitations in the performance of
ADL.
(7) Vascular
dysfunction of the upper extremity is valued based on the affected body part, using
the following classification table:
(a) Class
1: 3% for the affected body part if the worker experiences only transient edema;
and on physical examination, the findings are limited to the following: loss of
pulses, minimal loss of subcutaneous tissue of fingertips, calcification of arteries
as detected by radiographic examination, asymptomatic dilation of arteries or veins
(not requiring surgery and not resulting in curtailment of activity); or cold intolerance
(e.g., Raynaud’s phenomenon) which results in a loss of use or function that
occurs with exposure to temperatures below freezing (0° centigrade).
(b) Class
2: 15% for the affected body part if the worker experiences intermittent pain with
repetitive exertional activity; or there is persistent moderate edema incompletely
controlled by elastic supports; or there are signs of vascular damage such as a
healed stump of an amputated digit, with evidence of persistent vascular disease,
or a healed ulcer; or cold intolerance (e.g., Raynaud’s phenomenon) which
results in a loss of use or function that occurs on exposure to temperatures below
4° centigrade.
(c) Class
3: 35% for the affected body part if the worker experiences intermittent pain with
moderate upper extremity usage; or there is marked edema incompletely controlled
by elastic supports; or there are signs of vascular damage such as a healed amputation
of two or more digits, with evidence of persistent vascular disease, or superficial
ulceration; or cold intolerance (e.g., Raynaud’s phenomenon) which results
in a loss of use or function that occurs on exposure to temperatures below 10°
centigrade.
(d) Class
4: 63% for the affected body part if the worker experiences intermittent pain upon
mild upper extremity usage; or there is marked edema that cannot be controlled by
elastic supports; or there are signs of vascular damage such as an amputation at
or above the wrist, with evidence of persistent vascular disease, or persistent
widespread or deep ulceration involving one extremity; or cold intolerance (e.g.,
Raynaud’s phenomenon) which results in a loss of use or function that occurs
on exposure to temperatures below 15° centigrade.
(e) Class
5: 88% for the affected body part if the worker experiences constant and severe
pain at rest; or there are signs of vascular damage involving more than one extremity
such as amputation at or above the wrist, or amputation of all digits involving
more than one extremity with evidence of persistent vascular disease, or persistent
widespread deep ulceration involving more than one extremity; or cold intolerance
such as Raynaud’s phenomenon which results in a loss of use or function that
occurs on exposure to temperatures below 20° centigrade.
(f) If partial
amputation of the affected body part occurs as a result of vascular disease, the
impairment values are rated separately.
(8) Neurological
dysfunction resulting in cold intolerance in the upper extremity is valued under
the affected body part using the same classifications for cold intolerance due to
vascular dysfunction in section (7) of this rule.
(9) Injuries
to unilateral spinal nerve roots or brachial plexus with resultant loss of strength
in the arm, forearm or hand are rated based on the specific nerve root which supplies
(innervates) the weakened muscle(s), as described in the following table and modified
under OAR 436-035-0011(7):
(a) Spinal
nerve root arm impairment; [Rating not included. See ED. NOTE.]
(b) For loss
of strength in bilateral extremities, each extremity is rated separately.
(10) When
a spinal nerve root or brachial plexus are not injured, valid loss of strength in
the arm, forearm or hand is valued as if the peripheral nerve supplying (innervating)
the muscle(s) demonstrating the decreased strength was impaired, as described in
the following table and as modified under OAR 436-035-0011(7). [Rating not included.
See ED. NOTE.]
Example 1: A worker
suffers a rupture of the biceps tendon. Upon recovery, the attending physician reports
4/5 strength of the biceps. The biceps is innervated by the musculocutaneous nerve
which has a 25% impairment value. 4/5 strength, under OAR 436-035-0011(7), is 20%.
Final impairment is determined by multiplying 25% by 20% for a final value of 5%
impairment of the arm.
Example 2:
A worker suffers a laceration of the median nerve below the mid-forearm. Upon recovery,
the attending physician reports 3/5 strength in the forearm. The median nerve below
the mid-forearm has a 44% impairment value. 3/5 strength, under OAR 436-035-0011(7),
is 50%. Final impairment is determined by multiplying 44% by 50% for a final value
of 22% impairment of the forearm.
(a) Loss of strength
due to an injury in a single finger or thumb receives a value of zero, unless the
strength loss is due to a compensable condition that is proximal to the digit.
(b) Decreased
strength due to an amputation receives no rating for weakness in addition to that
given for the amputation.
(c) Decreased
strength due to a loss in range of motion receives no rating for weakness in addition
to that given for the loss of range of motion.
(d) When
loss of strength is present in the shoulder, refer to OAR 436-035-0330 for determination
of the impairment.
(11) For
motor loss in any part of an arm that is due to brain or spinal cord damage, impairment
is valued as follows:
(a) Class
1: 14% when the involved extremity can be used for self care, grasping, and holding
but has difficulty with digital dexterity.
(b) Class
2: 34% when the involved extremity can be used for self care, grasping and holding
objects with difficulty, but has no digital dexterity.
(c) Class
3: 55% when the involved extremity can be used but has difficulty with self care
activities.
(d) Class
4: 100% when the involved extremity cannot be used for self care.
(e) When
a value is granted under this section, additional impairment values are not allowed
for strength loss, chronic condition, or reduced range of motion in the same extremity
because they are included in the impairment values shown in this section.
(f) For bilateral
extremity loss, each extremity is rated separately.
[ED. NOTE: Ratings & Values referenced are not included in rule text. Click here for PDF copy of rating(s) & value(s).]
[Publications:
Publications referenced are available from the agency.]
Stat. Auth.:
ORS 656.726

Stats. Implemented:
ORS 656.005, 656.214, 656.268, 656.726

Hist.: WCD
4-1980(Admin), f. 3-20-80, ef. 4-1-80; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82;
Renumbered from 436-065-0530, 5-1-85; WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD
5-1988, f. 8-22-88, cert. ef. 8-1-9-88; WCD 5-1988, f. 9-2-88, cert. ef. 8-19-88;
WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89; Renumbered from 436-030-0220; WCD 2-1991,
f. 3-26-91, cert. ef. 4-1-91; WCD 6-1992, f. 2-14-92, cert. ef. 3-13-92; WCD 3-1996,
f. 1-29-96, cert. ef. 2-17-96; WCD 1-1997, f. 1-9-97, cert. ef. 2-15-97; WCD 6-1998,
f. 5-13-98, cert. ef. 7-1-98; WCD 2-2003, f. 1-15-03 cert. ef. 2-1-03; WCD 9-2004,
f. 10-26-04, cert. ef. 1-1-05; WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06; WCD 10-2007,
f. 11-1-07, cert. ef. 1-1-08; WCD 2-2010, f. 5-5-10, cert. ef. 6-1-10; WCD 8-2012,
f. 11-26-12, cert. ef. 1-1-13
436-035-0115
Conversion of Upper Extremity Values to Whole Person Values
(1) The tables in this rule are used to convert losses in the upper extremity to a whole person (WP) value for claims with a date of injury on or after January 1, 2005.
(2) The following table is used to convert losses in the thumb and fingers to a whole person (WP) value.
(3) The following table is used to convert a loss in a hand/forearm to a whole person (WP) value.
(4) The following table is used to convert a loss in the arm to a whole person (WP) value.
Stat. Auth.: ORS 656.726

Stats. Implemented: ORS 656

Hist.: WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05
436-035-0130
Parts of the Lower Extremities
(1) The leg begins with the femoral head and includes the knee joint.
(2) The foot begins just distal to the knee joint and extends just proximal to the metatarsophalangeal joints of the toes.
(3) The toes begin at the metatarsophalangeal joints. Disabilities in the toes are not converted to foot values, regardless of the number of toes involved, unless the foot is also impaired.
Stat. Auth.: ORS 656.726(4)

Stats. Implemented: ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD 4-1980(Admin), f. 3-20-80, ef. 4-1-80; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82; Renumbered from 436-065-0535, 5-1-85; WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89; Renumbered from 436-030-0240; WCD 6-1992, f. 2-14-92, cert. ef. 3-13-92; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05
436-035-0140
Amputations in the Lower Extremities
(1) Amputation at or above the knee joint (up to and including the femoral head) is rated at 100% loss of the leg.
(2) Amputation of the foot:
(a) At or above the tibio-talar joint but below the knee joint is rated at 100% loss of the foot.
(b) At the tarsometatarsal joints is rated at 75% loss of the foot.
(c) At the mid-metatarsal area is rated at 50% of the foot.
(d) Loss of all or part of a metatarsal is rated at 10% of the foot.
(3) Amputation of the great toe:
(a) At the interphalangeal joint is rated at 50% loss of the great toe. Between the interphalangeal joint and the tip will be rated in 5% increments, starting with zero for no loss of the tip.
(b) At the metatarsophalangeal joint is rated at 100% loss of the great toe. Between the interphalangeal joint and the metatarsophalangeal joint will be rated in 5% increments, starting with 50% of the great toe for amputation at the interphalangeal joint.
(4) Amputation of the second through fifth toes:
(a) At the distal interphalangeal joint is rated at 50% loss of the toe. Between the distal interphalangeal and the tip will be rated in 5% increments, starting with zero for no loss of the tip.
(b) At the proximal interphalangeal joint is rated at 75% loss of the toe. Between the proximal interphalangeal joint and the distal interphalangeal joint will be rated in 5% increments, starting with 50% of the toe for amputation at the distal interphalangeal joint.
(c) At the metatarsophalangeal joint is rated at 100% loss of the toe. Between the proximal interphalangeal joint and the metatarsophalangeal joint will be rated in 5% increments, starting with 75% of the toe for amputation at the proximal interphalangeal joint.
Stat. Auth.: ORS 656.726

Stats. Implemented: ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD 4-1980(Admin), f. 3-20-80, ef. 4-1-80; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82; Renumbered from 436-065-0536, 5-1-85; WCD 2-1988, f. 6-3-87, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89; Renumbered from 436-030-0250; WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 3-1996, f. 1-29-96, cert. ef. 2-17-96; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05
436-035-0150
Great Toe
(1) The following ratings are for loss of plantarflexion in the interphalangeal joint of the great toe: [Rating not included. See ED. NOTE]
(2) The following ratings are for plantarflexion ankylosis of the interphalangeal joint of the great toe: [Rating not included. See ED. NOTE]
(3) The following ratings are for loss of dorsiflexion (extension) in the metatarsophalangeal joint of the great toe: [Rating not included. See ED. NOTE]
(4) The following ratings are for dorsiflexion (extension) ankylosis of the metatarsophalangeal joint of the great toe: [Rating not included. See ED. NOTE]
(5) The following ratings are for loss of plantarflexion in the metatarsophalangeal joint of the great toe: [Rating not included. See ED. NOTE]
(6) The following ratings are for plantar flexion ankylosis of the metatarsophalangeal joint of the great toe: [Rating not included. See ED. NOTE]
[ED. NOTE: Ratings referenced are available from the agency.]
Stat. Auth.: ORS 656.726

Stats. Implemented: ORS 656.005, 656.214, 656.268 & ORS 656.726

Hist.: WCD 4-1980(Admin), f. 3-20-80, ef. 4-1-80; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82; Renumbered from 436-065-0537, 5-1-85; WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89; Renumbered from 436-030-0260; WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 6-1992, f. 2-14-92, cert. ef. 3-13-92; WCD 3-1996, f. 1-29-96, cert. ef. 2-17-96; WCD 6-1998, f. 5-13-98, cert. ef. 7-1-98; WCD 2-2003, f. 1-15-03 cert. ef. 2-1-03
436-035-0160
Second through Fifth Toes
(1) No rating is given for loss of motion in the distal interphalangeal joint of the second through fifth toes (to be referred to as toes), except in the case of ankylosis.
(2) Ankylosis in the distal interphalangeal joint of the toes is rated as follows: [Rating not included. See ED. NOTE]
(3) No rating is given for loss of motion in the proximal interphalangeal joint of the toes, except in the case of ankylosis.
(4) Ankylosis in the proximal interphalangeal joint of the toes is rated as follows: [Rating not included. See ED. NOTE]
(5) The following ratings are for loss of dorsiflexion (extension) in the metatarsophalangeal joints of the toes: [Rating not included. See ED. NOTE]
(6) The following ratings are for dorsiflexion (extension) ankylosis in the metatarsophalangeal joints of the toes: [Rating not included. See ED. NOTE]
(7) The following ratings are for loss of (plantar) flexion in the metatarsophalangeal joints of the toes: [Rating not included. See ED. NOTE]
(8) Plantarflexion ankylosis in the metatarsophalangeal joints of the toes is rated as follows: [Rating not included. See ED. NOTE]
[ED. NOTE: Ratings referenced are available from the agency.]
Stat. Auth.: ORS 656.726

Stats. Implemented: ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD 4-1980(Admin), f. 3-20-80, ef. 4-1-80; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82; Renumbered from 436-065-0510, 5-1-85; WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89; Renumbered from 436-030-0280; WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 6-1992, f. 2-14-92, cert. ef. 3-13-92; WCD 3-1996, f. 1-29-96, cert. ef. 2-17-96; WCD 2-2003, f. 1-15-03 cert. ef. 2-1-03; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05
436-035-0180
Conversion of Toe Values to Foot Value
(1) If the only findings are in the toes, it is not possible to convert the toe findings to a loss in the foot unless there are impairment findings in the foot. Each toe must be converted to the foot separately. After converting to the foot, each converted value is added.
(2) If there are impairment findings in the foot and impairment findings in the great toe, the following table is used to convert losses in the great toe to losses in the foot: [Table not included. See ED. NOTE.]
(3) If there are impairment findings in the foot and impairment findings in the second through the fifth toes, the following table is used to convert losses in the toes to losses in the foot: [Table not included. See ED. NOTE.]
[ED. NOTE: The Tables referenced are not printed in the OAR Compilation. Copies are available from the agency.]
Stat. Auth.: ORS 656.726

Stats. Implemented: ORS 656.005, 656.214, 656.268 & ORS 656.726

Hist.: WCD 4-1980(Admin), f. 3-20-80, ef. 4-1-80; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82; Renumbered from 436-065-0515, 5-1-85; WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89; Renumbered from 436-030-0290; WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 3-1996, f. 1-29-96, cert. ef. 2-17-96; WCD 1-1997, f. 1-9-97, cert. ef. 2-15-97
436-035-0190
Foot
(1) Ankylosis at the tarsometatarsal joints receives a rating of 10% of the foot for each of the tarsometatarsal joints ankylosed.
(2) The following ratings are for loss of subtalar inversion in the foot: [Rating not included. See ED. NOTE.]
(3) The following ratings are for subtalar inversion (varus) ankylosis in the foot: [Rating not included. See ED. NOTE.]
(4) The following ratings are for loss of subtalar eversion in the foot: [Rating not included. See ED. NOTE.]
(5) The following ratings are for subtalar eversion (valgus) ankylosis in the foot: [Rating not included. See ED. NOTE.]
(6) The following ratings are for loss of dorsiflexion (extension) in the ankle joint: [Rating not included. See ED. NOTE.]
(7) The following ratings are for dorsiflexion (extension) ankylosis in the ankle joint: [Rating not included. See ED. NOTE.]
(8) The following ratings are for loss of plantar flexion in the ankle joint: [Rating not included. See ED. NOTE.]
(9) The following ratings are for plantar flexion ankylosis in the ankle joint: [Rating not included. See ED. NOTE.]
(10) The following applies when determining impairment for loss of motion or ankylosis in the ankle or subtalar joint:
(a) If there is loss of motion only (no ankylosis in either joint) in the subtalar joint or the ankle joint, the following applies:
(A) the values for loss of motion in the subtalar joint are added;
(B) the values for loss of motion in the ankle joint are added;
(C) the value for loss of motion in the subtalar joint is added to the value for loss of motion in the ankle joint.
(b) If there is ankylosis in the ankle or subtalar joint, the following applies:
(A) When there is ankylosis in one joint only with no loss of motion or ankylosis in the other joint, that ankylosis value is granted.
(B) When there is loss of motion in one joint and ankylosis in the other joint, add the ankylosis value to the value for loss of motion in the non-ankylosed joint.
(C) When the ankle joint is ankylosed in plantar flexion and dorsiflexion, use only the largest ankylosis value for rating the loss or only one of the values if they are identical. Under OAR 436-035-0011(10), this ankylosis value is granted in lieu of all other range of motion or ankylosis values for the ankle joint.
(D) When the subtalar joint is ankylosed in inversion and eversion, use only the largest ankylosis value for rating the loss or only one of the values if they are identical. Under OAR 436-035-0011(10), this ankylosis value is granted in lieu of all other range of motion or ankylosis values for the subtalar joint.
(E) When both joints are ankylosed, add the ankle joint value to the subtalar joint value.
[ED. NOTE: Ratings referenced are not included in rule text. Click here for PDF copy of rating(s).]
Stat. Auth.: ORS 656.726

Stats. Implemented: ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD 4-1980(Admin), f. 3-20-80, ef. 4-1-80; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82; Renumbered from 436-065-0524, 5-1-85; WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89; Renumbered from 436-030-0310; WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 3-1996, f. 1-29-96, cert. ef. 2-17-96; WCD 1-1997, f. 1-9-97, cert. ef. 2-15-97; WCD 6-1998, f. 5-13-98, cert. ef. 7-1-98; WCD 2-2003, f. 1-15-03 cert. ef. 2-1-03; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06; WCD 2-2010, f. 5-5-10, cert. ef. 6-1-10
436-035-0210
Conversion of Foot Value to Leg Value
The following ratings are for converting losses in the foot to losses in the leg:

 Impairment of Impairment of Impairment of Impairment of
 Foot - Leg Foot - Leg Foot - Leg Foot - Leg

  1% = 1% 27% = 24% 52% = 47%  77% = 69%
  2% = 2% 28% = 25% 53% = 48%  78% = 70%
  3% = 3% 29% = 26% 54% = 49%  79% = 71%
  4% = 4% 30% = 27% 55-56% = 50%  80% = 72%
 5-6% = 5% 31% = 28% 57% = 51%  81% = 73%
  7% = 6% 32% = 29% 58% = 52%  82% = 74%
  8% = 7% 33% = 30% 59% = 53%  83% = 75%
  9% = 8% 34% = 31% 60% = 54%  84% = 76%
 10% = 9% 35-36% = 32% 61% = 55%  85-86% = 77%
 11% = 10% 37% = 33% 62% = 56%  87% = 78%
 12% = 11% 38% = 34% 63% = 57%  88% = 79%
 13% = 12% 39% = 35% 64% = 58%  89% = 80%
 14% = 13% 40% = 36% 65-66% = 59%  90% = 81%
 15-16% = 14% 41% = 37% 67 = 60%  91% = 82%
 17% = 15% 42% = 38% 68% = 61%  92% = 83%
 18% = 16% 43% = 39% 69% = 62%  93% = 84%
 19% = 17% 44% = 40% 70% = 63%  94% = 85%
 20% = 18% 45-46% = 41% 71% = 64%  95-96% = 86%
 21% = 19% 47% = 42% 72% = 65%  97% = 87%
 22% = 20% 48% = 43% 73% = 66%  98% = 88%
 23% = 21% 49% = 44% 74% = 67%  99% = 89%
 24% = 22% 50% = 45% 75-76% = 68% 100% = 90%
 25-26% = 23% 51% = 46%
Stat. Auth.: ORS 656.726

Stats. Implemented: ORS 656.005, 656.214, 656.268 & ORS 656.726

Hist.: WCD 4-1980(Admin), f. 3-20-80, ef. 4-1-80; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82; Renumbered from 436-065-0525, 5-1-85; WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89; Renumbered from 436-030-0320; WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91
436-035-0220
Leg
(1) The following ratings are for loss of flexion in the knee (150° describes the knee in full flexion): [Rating not included. See ED. NOTE]
(2) The following ratings are for loss of extension in the knee (0° describes the knee in full extension): [Rating not included. See ED. NOTE]
(3) Ankylosis of the knee in flexion or extension shall be rated as follows: [Rating not included. See ED. NOTE]
(4) The determination of loss of range of motion in the hip is valued in this section when there is no pelvic bone involvement. Loss associated with pelvic bone involvement is determined pursuant to OAR 436-035-0340.
(5) The following ratings are for loss of forward flexion in the hip: [Rating not included. See ED. NOTE]
(6) The following ratings are for loss of backward extension in the hip joint: [Rating not included. See ED. NOTE]
(7) The following ratings are for loss of abduction in the hip joint: [Rating not included. See ED. NOTE]
(8) The following ratings are for loss of adduction in the hip joint: [Rating not included. See ED. NOTE]
(9) The following ratings are for loss of internal rotation in the hip joint: [Rating not included. See ED. NOTE]
(10) The following ratings are for loss of external rotation in the hip joint: [Rating not included. See ED. NOTE]
(11) Ankylosis in the hip joint is rated under OAR 436-035-0340.
[ED. NOTE: Ratings referenced are available from the agency.]
Stat. Auth.: ORS 656.726

Stats. Implemented: ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD 4-1980(Admin), f. 3-20-80, ef. 4-1-80; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82; Renumbered from 436-065-0530, 5-1-85; WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89; Renumbered from 436-030-0330; WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 3-1996, f. 1-29-96, cert. ef. 2-17-96; WCD 2-2003, f. 1-15-03 cert. ef. 2-1-03; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05
436-035-0230
Other Lower Extremity Findings
(1) Loss of sensation
or hypersensitivity in the leg is not considered disabling except for the plantar
surface of the foot and toes, including the great toe, where it is rated as follows:
(a)Toe (in
any toe) Foot partial loss of sensation or hypersensitivity 5%5% total loss of sensation
or hypersensitivity10%10%
(b) Partial
is part of the toe or foot. Total means the entire toe or foot.
(c) Loss
of sensation or hypersensitivity in the toes in addition to loss of sensation or
hypersensitivity in the foot is rated for the foot only. No additional value is
allowed for loss of sensation or hypersensitivity in the toes.
(d) When
there are hypersensitivity and sensation loss, both conditions are rated.
(2) The following
ratings are for length discrepancies of the injured leg. However, loss of length
due to flexion/extension deformities is excluded. The rating is the same whether
the length change is a result of an injury to the foot or to the upper leg: [Table
not included. See ED. NOTE.]
(3) Valid
instability in the ankle or knee substantiated by clinical findings is valued based
on the ligament demonstrating the laxity, as described in the table below. The instability
value is given even if the ligament itself has not been injured. [Table not included.
See ED. NOTE.]
(a) For ankle
joint instability to be rated as severe there must be a complete disruption of two
or more ligaments. Following are examples of ankle ligaments that may contribute
to joint instability:
(A) The lateral
collateral ligaments including the anterior talofibular, calcaneofibular, talocalcaneal,
posterior talocalcaneal, and the posterior talofibular.
(B) The medial
collateral ligaments, or deltoid ligament, including the tibionavicular, calcaneotibial,
anterior talotibial, and the posterior talotibial.
(b) For knee
joint instability the severity of joint opening is mild at a grade 1 or 1+ (1-5mm),
moderate at a grade 2 or 2+ (6-10mm), and severe at a grade 3 or 3+ (>10mm).
(c) Ankle
joint instability with additional anterior or posterior instability receives an
additional 10%.
(d) When
there is a prosthetic knee replacement, instability of the knee is not rated unless
the severity of the instability is equivalent to Grade 2 or greater.
(e) Rotary
instability in the knee is included in the impairment value(s) of this section.
(f) Multiple
instability values in a single joint are combined.
(4) When
injury in the ankle or knee/leg results in angulation or malalignment, impairment
values are determined under the following:
(a) Varus
deformity greater than 15° of the knee/leg is rated at 10% of the leg and of
the ankle is rated at 10% of the foot.
(b) Valgus
deformity greater than 20° of the knee/leg is rated at 10% of the leg and of
the ankle is rated at 10% of the foot.
(c) Tibial
shaft fracture resulting in angulation or malalignment (rotational deformity) affects
the function of the entire leg and is rated as follows:
Severity — Leg
impairment
Mild: 10°-
14° — 17%
Moderate:
15°- 19° — 26%
Severe: 20°+ — 26%
plus 1% for each additional degree, to 43% maximum
(d) Injury resulting
in a rocker bottom deformity of the foot is valued at 14%.
(5) The following
values are for surgery of the toes, foot, or leg:
(a) In the
great toe: [Table not included. See ED. NOTE.]
(b) In the
second through fifth toes: [Values not included. See ED. NOTE.]
(e) When
rating a prosthetic knee replacement, a separate value for meniscectomy(s) or patellectomy
for the same knee is not granted.
(f) A meniscectomy
is rated as a complete loss unless the record indicates that more than the rim of
the meniscus remains.
(6) Dermatological
conditions including burns which are limited to the leg, foot, or toes are rated
based on the body part affected. The percentages indicated in the classes below
are applied to the affected body part(s), e.g., a Class 1 dermatological condition
of the foot is 3% of the foot, or a Class 1 dermatological condition of the leg
is 3% of the leg. Contact dermatitis is determined under this section unless it
is caused by an allergic systemic reaction which is also determined under OAR 436-035-0450.
Contact dermatitis for a body part other than the upper or lower extremities is
rated under OAR 436-035-0440. Impairments may or may not show signs or symptoms
of skin disorder upon examination but are rated according to the following classes:
(a) Class
1: 3% for the leg, foot, or toe if treatment results in no more than minimal limitations
in the performance of the activities of daily living (ADL), although exposure to
physical or chemical agents may temporarily increase limitations.
(b) Class
2: 15% for the leg, foot, or toe if intermittent treatments and prescribed examinations
are required, and the worker has some limitations in the performance of ADL.
(c) Class
3: 38% for the leg, foot, or toe if regularly prescribed examinations and continuous
treatments are required, and the worker has many limitations in the performance
of ADL.
(d) Class
4: 68% for the leg, foot, or toe if continuous prescribed treatments are required.
The treatment may include periodically having the worker stay home or admitting
the worker to a care facility, and the worker has many limitations in the performance
of ADL.
(e) Class
5: 90% for the leg, foot, or toe if continuous prescribed treatment is required.
The treatment necessitates having the worker stay home or permanently admitting
the worker to a care facility, and the worker has severe limitations in the performance
of ADL.
(f) Full
thickness skin loss of the heel is valued at 10% of the foot, even when the area
is successfully covered with an appropriate skin graft.
(7) The following
ratings are for vascular dysfunction of the leg. The impairment values are determined
according to the following classifications:
(a) Class
1: 3% when any of the following exist:
(A) Loss
of pulses in the foot.
(B) Minimal
loss of subcutaneous tissue.
(C) Calcification
of the arteries (as revealed by x-ray).
(D) Transient
edema.
(b) Class
2: 15% when any of the following exist:
(A) Limping
due to intermittent claudication that occurs when walking at least 100 yards.
(B) Vascular
damage, as evidenced by a healed painless stump of a single amputated toe, with
evidence of chronic vascular dysfunction or a healed ulcer.
(C) Persistent
moderate edema which is only partially controlled by support hose.
(c) Class
3: 35% when any of the following exist:
(A) Limping
due to intermittent claudication when walking as little as 25 yards and no more
than 100 yards.
(B) Vascular
damage, as evidenced by healed amputation stumps of two or more toes on one foot,
with evidence of chronic vascular dysfunction or persistent superficial ulcers on
one leg.
(C) Obvious
severe edema which is only partially controlled by support hose.
(d) Class
4: 63% when any of the following exist:
(A) Limping
due to intermittent claudication after walking less than 25 yards.
(B) Intermittent
pain in the legs due to intermittent claudication when at rest.
(C) Vascular
damage, as evidenced by amputation at or above the ankle on one leg, or amputation
of two or more toes on both feet, with evidence of chronic vascular dysfunction
or widespread or deep ulcers on one leg.
(D) Obvious
severe edema which cannot be controlled with support hose.
(e) Class
5: 88% when either of the following exists:
(A) Constant
severe pain due to claudication at rest.
(B) Vascular
damage, as evidenced by amputations at or above the ankles of both legs, or amputation
of all toes on both feet, with evidence of persistent vascular dysfunction or of
persistent, widespread, or deep ulcerations on both legs.
(f) If partial
amputation of the lower extremity occurs as a result of vascular dysfunction, the
impairment values are rated separately. The amputation value is then combined with
the impairment value for the vascular dysfunction.
(8) Injuries
to unilateral spinal nerve roots with resultant loss of strength in the leg or foot
are rated based on the specific nerve root supplying (innervating) the weakened
muscle(s), as described in the following table and modified under OAR 436-035-0011(7).
[Values not included. See ED. NOTE.]
(b) Loss
of strength in bilateral extremities results in each extremity being rated separately.
(9) When
a spinal nerve root or lumbosacral plexus are not injured, valid loss of strength
in the leg or foot is valued as if the peripheral nerve supplying (innervating)
the muscle(s) demonstrating the decreased strength was impaired, as described in
the following table and as modified under OAR 436-035-0011(7). [Values not included.
See ED. NOTE.]
Example 1: A worker suffers a knee injury requiring surgery. Upon recovery, the attending physician
reports 4/5 strength of the quadriceps femoris. The quadriceps femoris is innervated
by the femoral nerve which has a 30% impairment value. 4/5 strength, under OAR 436-035-0011(7),
is 20%. Final impairment is determined by multiplying 30% by 20% for a final value
of 6% impairment of the leg.
Example
2: A worker suffers a laceration of the deep branch of the common peroneal nerve
above mid-shin. Upon recovery, the attending physician reports 3/5 strength of the
calf. The deep common peroneal above mid-shin has a 28% impairment value. Under
OAR 436-035-0011(7), 3/5 strength is 50%. Impairment is determined by multiplying
28% by 50% for a final value of 14% impairment of the foot.
(a) Loss of strength
due to an injury in a single toe receives a value of zero, unless the strength loss
is due to a compensable condition that is proximal to the digit.
(b) Decreased
strength due to an amputation receives no rating for weakness in addition to that
given for the amputation.
(c) Decreased
strength due to a loss in range of motion receives no rating for weakness in addition
to that given for the loss of range of motion.
(10) For
motor loss to any part of a leg which is due to brain or spinal cord damage, impairment
is valued as follows:
(a) Class
1: 23% when the worker can rise to a standing position and can walk but has difficulty
with elevations, grades, steps, and distances.
(b) Class
2: 48% when the worker can rise to a standing position and can walk with difficulty
but is limited to level surfaces. There is variability as to the distance the worker
can walk.
(c) Class
3: 76% when the worker can rise to a standing position and can maintain it with
difficulty but cannot walk without assistance.
(d) Class
4: 100% when the worker cannot stand without a prosthesis, the help of others, or
mechanical support.
(e) When
a value is granted under this section, additional impairment values in the same
extremity are not allowed for strength loss, chronic condition, reduced range of
motion, or limited ability to walk/stand for two hours or less because they have
been included in the impairment values shown in this section.
(f) For bilateral
extremity loss, each extremity is rated separately.
(11) If there
is a diagnosis of Grade IV chondromalacia, extensive arthritis or extensive degenerative
joint disease and one or more of the following are present: secondary strength loss;
chronic effusion; varus or valgus deformity less than that specified in section
(4) of this rule, then one or more of the following rating values apply:
(a) 5% of
the foot for the ankle joint; or
(b) 5% of
the leg for the knee joint.
(12) For
a diagnosis of degenerative joint disease, chondromalacia, or arthritis which does
not meet the criteria noted in section (11) of this rule, the impairment is determined
under the chronic condition rule (OAR 436-035-0019) if the criteria in that rule
is met.
(13) Other
impairment values, e.g., weakness, chronic condition, reduced range of motion, etc.,
are combined with the value granted in section (11) of this rule.
(14) When
the worker cannot be on his or her feet for more than two hours in an 8-hour period,
the award is 15% of the leg.
[ED. NOTE: Ratings & Values referenced are not included in rule text. Click here for PDF copy of rating(s) & value(s).]
Stat. Auth.:
ORS 656.726

Stats. Implemented:
ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD
4-1980(Admin), f. 3-20-80, ef. 4-1-80.; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82;
Renumbered from 436-065-0532, 5-1-85; WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD
7-1988, f. 12-21-88, cert. ef. 1-1-89; Renumbered from 436-030-0340; WCD 2-1991,
f. 3-26-91, cert. ef. 4-1-91; WCD 6-1992, f. 2-14-92, cert. ef. 3-13-92; WCD 10-1992(Temp),
f. & cert. ef. 6-1-92; WCD 15-1992, f. 11-20-92, cert. ef. 11-27-92; WCD 3-1996,
f. 1-29-96, cert. ef. 2-17-96; WCD 1-1997, f. 1-9-97, cert. ef. 2-15-97; WCD 6-1998,
f. 5-13-98, cert. ef. 7-1-98; WCD 2-2003, f. 1-15-03 cert. ef. 2-1-03; WCD 9-2004,
f. 10-26-04, cert. ef. 1-1-05; WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06; WCD 2-2010,
f. 5-5-10, cert. ef. 6-1-10; WCD 8-2012, f. 11-26-12, cert. ef. 1-1-13
436-035-0235
Conversion of Lower Extremity Values to Whole Person Values
(1) The tables in
this rule are used to convert losses in the lower extremity to a whole person (WP)
value for claims with a date of injury on or after January 1, 2005.
(2) The following
table is used to convert losses in the great toe to a whole person (WP) value. Impairment
in any of the other toes receives a whole person value of 1% for each toe that is
injured. [Values not included. See ED. NOTE.]
(3) The following
table is used to convert a loss in the foot to a whole person (WP) value. [Values
not included. See ED. NOTE.]
(4) The following
table is used to convert a loss in the leg to a whole person (WP) value. [Values
not included. See ED. NOTE.]
[ED. NOTE:
Ratings & Values referenced are not included in rule text. Click here for PDF copy of rating(s) & value(s).]
Stat. Auth.: ORS
656.726

Stats. Implemented:
ORS 656

Hist.: WCD
9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 8-2012, f. 11-26-12, cert. ef. 1-1-13
436-035-0250
Hearing Loss
(1) The following information is provided
by the attending physician or reviewed and commented on by the attending physician,
under OAR 436-035-0007(5) and (6), to value work-related hearing loss:
(a) A written record, history,
examination, diagnosis, opinion, interpretation and a statement noting if further
material improvement would reasonably be expected from medical treatment or the
passage of time by a medical provider with specialty training or experience in evaluating
hearing loss.
(b) The complete audiometric
testing.
(2) A worker is eligible
for an award for impairment for any loss of normal hearing that results from the
compensable injury. Any hearing loss that existed before the compensable injury
and that does not result from a compensable preexisting condition must be offset
against hearing loss in the claim if the hearing loss that existed before the compensable
injury is adequately documented by a baseline audiogram that was obtained within
180 days of assignment to a high noise environment.
(a) The offset will be done
at the monaural percentage of impairment level.
(b) Determine the monaural
percentage of impairment for the baseline audiogram under section (4) of this rule.
(c) Subtract the baseline
audiogram impairment from the current audiogram impairment to obtain the impairment
value.
(3) Hearing loss is based
on audiograms which must report on air conduction frequencies at 500, 1,000, 2,000,
3,000, 4,000 and 6,000 Hz.
(a) Audiograms should be
based on American National Standards Institute S3.6 (1989) standards.
(b) Test results will be
accepted only if they come from a test conducted at least 14 consecutive hours after
the worker has been removed from significant exposure to noise.
(4) Impairment of hearing
is calculated from the number of decibels by which the worker’s hearing exceeds
150 decibels (hearing impairment threshold). Compensation for monaural hearing loss
is calculated as follows:
(a) Add the audiogram findings
at 500, 1,000, 2,000, 3,000, 4,000 and 6,000 Hz. Decibel readings in excess of 100
will be entered into the computations as 100 dB.
(b) Hearing loss caused by
presbycusis is based on the worker’s age at the time of the audiogram, except
that, in an injury claim, an impairment award for hearing loss caused by presbycusis
is reduced only if the presbycusis qualifies as a preexisting condition. To determine
the reduction to be applied for hearing loss caused by presbycusis, consult the
Presbycusis Correction Values Table below. (These values represent the total decibels
of hearing loss in the six standard frequencies which normally results from aging.)
Find the figure for presbycusis hearing loss. Take this presbycusis figure and subtract
the hearing impairment threshold of 150 decibels. Subtract any positive value from
the sum of the audiogram entries. This value represents the total decibels of hearing
loss in the six standard frequencies which normally results from aging that exceed
the hearing impairment threshold. (If there is no positive value there is no hearing
impairment attributable to presbycusis above the hearing impairment threshold.)
[Table not included. See ED. NOTE.]
(c) Consult the Monaural
Hearing Loss Table below, using the figure found in subsection (b) of this section.
This table will give you the percent of monaural hearing loss to be compensated.
[Table not included. See ED. NOTE.]
(d) No value is allowed for
db totals of 150 or less. The value for db totals of 550 or more is 100%.
(5) Binaural hearing loss
is calculated as follows:
(a) Find the percent of monaural
hearing loss for each ear by using the method listed in (4) (a) - (c) above.
(b) Multiply the percent
of loss in the better ear by seven.
(c) Add to that result the
percent of loss in the other ear.
(d) Divide this sum by eight.
This is the percent of binaural hearing loss to be compensated.
(e) This method is expressed
by the formula:
7(A) + B
8
“A” is the percent
of hearing loss in the better ear.
“B” is the percent
of hearing loss in the other ear.
(6) Use the method (monaural or binaural)
which results in the greater impairment.
(7) Tinnitus and other auditory
losses may be determined as losses under OAR 436-035-0390.
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
[Publications: Publications
referenced are available from the agency.]
Stat. Auth.: ORS 656.726
Stats.Implemented: ORS 656.005,
656.214, 656.268 & 656.726
Hist.: WCD 4-1980(Admin),
f. 3-20-80, ef. 4-1-80; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82; Renumbered from
436-065-0536, 5-1-85; WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88,
cert. ef. 1-1-89; Renumbered from 436-030-0360; WCD 2-1991, f. 3-26-91, cert. ef.
4-1-91; WCD 6-1992, f. 2-14-92, cert. ef. 3-13-92; WCD 1-1997, f. & cert. ef.
2-15-97; WCD 6-1998, f. 5-13-98, cert. ef. 7-1-98; WCD 2-2003, f. 1-15-03 cert.
ef. 2-1

03; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 1-2015, f. 1-29-15, cert.
ef. 3-1-15

436-035-0255
Conversion of Hearing Loss Values to Whole Person Values
(1) The following
table is used to convert a loss of hearing in one ear to a whole person (WP) value
for claims with a date of injury on or after January 1, 2005: [Table not included.
See ED. NOTE.]
(2) The following
table is used to convert a loss of hearing in two ears to a whole person (WP) value
for claims with a date of injury on or after January 1, 2005: [Table not included.
See ED. NOTE.]
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.:
ORS 656.726

Stats.Implemented:
ORS 656

Hist.: WCD
9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 8-2012, f. 11-26-12, cert. ef. 1-1-13
436-035-0260
Visual Loss
(1) Visual loss
due to a work-related illness or injury is rated for central visual acuity, integrity
of the peripheral visual fields, and ocular motility. For ocular disturbances that
cause visual impairment that is not reflected in visual acuity, visual fields or
ocular motility refer to section (5) of this rule. Visual loss is measured with
best correction, using the lenses recommended by the worker’s physician. For
lacrimal system disturbances refer to OAR 436-035-0440.
(2) Ratings
for loss in central visual acuity are calculated for each eye as follows:
(a) Reports
for central visual acuity must be for distance and near acuity.
(b) The ratings
for loss of distance acuity are as follows, reported in standard increments of Snellen
notation for English and Metric 6: [Ratings not included. See ED. NOTE.]
(c) The ratings
for loss of near acuity are as follows: reported in standard increments of Snellen
14/14 notation, Revised Jaeger Standard, or American Point-type notation: [Ratings
not included. See ED. NOTE.]
(d) Once
the ratings for near and distance acuity are found, add them and divide by two.
The value which results is the rating for lost central visual acuity.
(e) If a
lens has been removed and a prosthetic lens implanted, an additional 25%, is to
be combined (not added) with the percent loss for central visual acuity to determine
total central visual acuity, as shown in table (g).
(f) If a
lens has been removed and there is no prosthetic lens implanted, an additional 50%
is to be combined (not added) with the percent loss for central visual acuity to
determine total central visual acuity, as shown in table (g).
(g) The table
below may be substituted for combining central visual acuity and the loss of a lens
for a total central visual acuity. The table displays the percent loss of central
vision for the range of near and distance acuity combined with lens removal for
a total central visual acuity. The upper figure is to be used when the lens is present
(as found in (d)), the middle figure is to be used when the lens is absent and a
prosthetic lens has been implanted (as found in (e)), and the lower figure is to
be used when the lens is absent with no implant (as found in (f)). If near acuity
is reported in Revised Jaeger Standard or American Point-type, convert these findings
to Near Snellen for rating purposes under (2)(c) of this rule when using this table.
(3) Ratings
for loss of visual field are based upon the results of field measurements of each
eye separately using the Goldmann perimeter with a III/4e stimulus. The results
may be scored in either one of the two following methods:
(a) Using
the monocular Esterman Grid, count all the printed dots outside or falling on the
line marking the extent of the visual field. The number of dots counted is the percentage
of visual field loss; or
(b) A perimetric
chart may be used which indicates the extent of retained vision for each of the
eight standard 45° meridians out to 90°. The directions and normal extent
of each meridian are as follows: [Ratings not included. See ED. NOTE.]
(A) Record
the extent of retained peripheral visual field along each of the eight meridians.
Add (do not combine) these eight figures. Find the corresponding percentage for
the total retained degrees by use of the table below.
(B) For loss
of a quarter or half field, first find half the sum of the normal extent of the
two boundary meridians. Then add to this figure the extent of each meridian included
within the retained field. This results in a figure which may be applied in the
chart below.
(C) Visual
field loss due to scotoma in areas other than the central visual field is rated
by adding the degrees lost within the scotoma along affected meridians and subtracting
that amount from the retained peripheral field. That figure is then applied to the
chart below.
(4) Ratings
for ocular motility impairment resulting in binocular diplopia are determined as
follows:
(a) Determine
the single highest value of loss for diplopia noted on each of the standard 45°
meridians as listed in the following table.
(b) Add the
values obtained for each meridian to obtain the total impairment for loss of ocular
motility. A total of 100% or more is rated as 100% of the eye. As an example: Diplopia
on looking horizontally off center from 30 degrees in a left direction is valued
at 10%. Diplopia in the same eye when looking horizontally off center from 21 to
30 degrees in a right direction is valued at 20%. The impairments for diplopia in
both ranges are added, so the impairment rating would be 10% plus 20% resulting
in a total loss of ocular motility of 30%.
(5) To the
extent that stereopsis (depth perception), glare disturbances or monocular diplopia
causes visual impairment are not reflected in visual acuity, visual field or ocular
motility, the losses for visual acuity, visual fields or ocular motility will be
combined with an additional 5% when in the opinion of the physician the impairment
is moderate, 10% if the impairment is severe.
(6) The total
rating for monocular loss is found by combining (not adding) the ratings for loss
of central vision, loss of visual field, and loss of ocular motility and loss for
other conditions specified in section (5) of this rule.
(7) The total
rating for binocular loss is figured as follows:
(a) Find
the percent of monocular loss for each eye.
(b) Multiply
the percent of loss in the better eye by three.
(c) Add to
that result the percent of loss in the other eye.
(d) Divide
this sum by four. The result is the total percentage of binocular loss.
(e) This
method is expressed by the formula
3(A) + B 4
“A”
is the percent of loss in the better eye;
“B”
is the percent of loss in the other eye.
(8) Use the method
(monocular or binocular) which results in the greater impairment rating.
(9) Enucleation
of an eye is rated at 100% of an eye.
[ED. NOTE:
Formula & Ratings referenced are not included in rule text. Click here for PDF copy of formula(s) & rating(s).]
Stat. Auth.:
ORS 656.726

Stats. Implemented:
ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD
4-1980(Admin), f. 3-20-80, ef. 4-1-80; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82;
Renumbered from 436-065-0575, 5-1-85; WCD 13-1987, f. 12-18-87, ef. 1-1-88; WCD
2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89;
Renumbered from 436-030-0370; WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 6-1992,
f. 2-14-92, cert. ef. 3-13-92; WCD 1-1997, f. 1-9-97, cert. ef. 2-15-97; WCD 6-1998,
f. 5-13-98, cert. ef. 7-1-98; WCD 6-1999, f. & cert. ef. 4-26-99; WCD 2-2003,
f. 1-15-03 cert. ef. 2-1-03; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 8-2012,
f. 11-26-12, cert. ef. 1-1-13
436-035-0265
Conversion
of Vision Loss Values to Whole Person Values
(1) The following
table is used to convert vision loss in one eye to a whole person (WP) value for
claims with a date of injury on or after January 1, 2005: [Table not included. See
ED. NOTE.]
(2) The following
table is used to convert vision loss in both eyes to a whole person (WP) value for
claims with a date of injury on or after January 1, 2005: [Table not included. See
ED. NOTE.]
[ED. NOTE:Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS
656.726

Stats. Implemented:
ORS 656

Hist.: WCD
9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 8-2012, f. 11-26-12, cert. ef. 1-1-13
436-035-0330
Shoulder Joint
(1) The following ratings are for loss of forward elevation (flexion) in the shoulder joint: [Ratings not included. See ED. NOTE.]
(2) The following ratings are for forward elevation (flexion) ankylosis in the shoulder joint: [Ratings not included. See ED. NOTE.]
(3) The following ratings are for loss of backward elevation (extension) in the shoulder joint: [Ratings not included. See ED. NOTE.]
(4) The following ratings are for backward elevation (extension) ankylosis in the shoulder joint: [Ratings not included. See ED. NOTE.]
(5) The following ratings are for loss of abduction in the shoulder joint: [Ratings not included. See ED. NOTE.]
(6) The following ratings are for abduction ankylosis in the shoulder joint: [Ratings not included. See ED. NOTE.]
(7) The following ratings are for loss of adduction in the shoulder joint: [Ratings not included. See ED. NOTE.]
(8) The following ratings are for adduction ankylosis in the shoulder joint: [Ratings not included. See ED. NOTE.]
(9) The following ratings are for loss of internal rotation in the shoulder joint: [Ratings not included. See ED. NOTE.]
(10) The following ratings are for internal rotation ankylosis in the shoulder joint: [Ratings not included. See ED. NOTE.]
(11) The following ratings are for loss of external rotation in the shoulder joint: [Ratings not included. See ED. NOTE.]
(12) The following ratings are for external rotation ankylosis in the shoulder joint: [Ratings not included. See ED. NOTE.]
(13) Shoulder surgery is rated as follows: [Ratings not included. See ED. NOTE.]
(14) Chronic dislocations of the shoulder joint or diastasis of a sternal joint, are valued at 15% impairment when a preponderance of medical opinion places permanent new restrictions on the worker which necessitate a reduction in the strength lifting category under OAR 436-035-0012.
(15) When two or more ranges of motion are restricted, add the impairment values for decreased range of motion.
(16) When two or more ankylosis positions are documented, select the one direction representing the largest impairment. That will be the impairment value for the shoulder represented by ankylosis.
(17) Valid losses of strength in the shoulder or back, substantiated by clinical findings, are valued based on the peripheral nerve supplying (innervating) the muscle(s) demonstrating the decreased strength, as described in the following table and as modified under OAR 436-035-0011(7): [Ratings not included. See ED. NOTE.]
(18) Multiple or bilateral decreased strength impairment findings are determined by combining the values in section (17) of this rule.
[ED. NOTE: Examples & Ratings referenced are available from the agency.]
Stat. Auth.: ORS 656.726

Stats. Implemented.: ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82; Renumbered from 436-065-0610, 5-1-85; WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 5-1988, f. 8-22-88, cert. ef. 8-19-88; WCD 5-1988(Temp), f. 9-2-88, cert. ef. 8-19-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89; Renumbered from 436-030-0480; WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91 WCD 6-1992, f. 2-14-92, cert. ef. 3-13-92; WCD 3-1996, f. 1-29-96, cert. ef. 2-17-96; WCD 1-1997, f. 1-9-97, cert. ef. 2-15-97; WCD 6-1998, f. 5-13-98, cert. ef. 7-1-98; WCD 10-1998(Temp), f. & cert. ef. 10-28-98 thru 4-25-99; WCD 6-1999, f. & cert. ef. 4-26-99; WCD 2-2003, f. 1-15-03 cert. ef. 2-1-03; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06
436-035-0340
Hip
(1) When a preponderance
of objective medical evidence supports findings that reduced ranges of motion of
the hip do not involve the pelvis or acetabulum, the impairment determination is
valued according to OAR 436-035-0220. If the reduced ranges of motion are a residual
of pelvic or acetabular involvement, the impairment is determined under this rule.
(2) The following
ratings are for loss of forward flexion in the hip joint: [Ratings not included.
See ED. NOTE.]
(3) The following
ratings are for forward flexion ankylosis in the hip joint: [Ratings not included.
See ED. NOTE.]
(4) The following
ratings are for loss of backward extension in the hip joint: [Ratings not included.
See ED. NOTE.]
(5) The following
ratings are for backward extension ankylosis of the hip joint: [Ratings not included.
See ED. NOTE.]
(6) The following
ratings are for loss of abduction in the hip joint: [Ratings not included. See ED.
NOTE.]
(7) The following
ratings are for abduction ankylosis in the hip joint: [Ratings not included. See
ED. NOTE.]
(8) The following
ratings are for loss of adduction in the hip joint: [Ratings not included. See ED.
NOTE.]
(9) The following
ratings are for adduction ankylosis in the hip joint: [Ratings not included. See
ED. NOTE.]
(10) The
following ratings are for loss of internal rotation of the hip joint: [Ratings not
included. See ED. NOTE.]
(11) The
following ratings are for internal rotation ankylosis of the hip joint: [Ratings
not included. See ED. NOTE.]
(12) The
following ratings are for loss of external rotation of the hip joint: [Ratings not
included. See ED. NOTE.]
(13) The
following ratings are for external rotation ankylosis of the hip joint: [Ratings
not included. See ED. NOTE.]
(14) When
two or more ankylosis positions are documented, select the one direction representing
the largest impairment. That will be the impairment value for the hip represented
by ankylosis.
(15) A value
of 13% is determined for a total hip replacement (both femoral and acetabular components
involved). If a total hip replacement surgery occurs following an earlier femoral
head replacement surgery under OAR 436-035-0230(5), both impairment values are rated.
(16) A value
of 5% is awarded for a repeat total hip replacement surgery.
(17) Total
value for loss of range of motion is obtained by adding (not combining) the values
for each range of motion.
(18) The
final value for the hip is obtained by combining (not adding) the values in sections
(15), (16) and (17) of this rule.
(19) Healed
displaced fractures in the hip may cause leg length discrepancies. Impairment is
determined under OAR 436-035-0230.
[ED. NOTE: Ratings referenced are not included in rule text. Click here for PDF copy of rating(s).]
Stat. Auth.:
ORS 656.726

Stats. Implemented:
ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD
2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89;
Renumbered from 436-030-0481; WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 3-1996,
f. 1-29-96, cert. ef. 2-17-96; WCD 1-1997, f. 1-9-97, cert. ef. 2-15-97; WCD 2-2003,
f. 1-15-03 cert. ef. 2-1-03; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 8-2005,
f. 12-6-05, cert. ef. 1-1-06; WCD 2-2010, f. 5-5-10, cert. ef. 6-1-10; WCD 8-2012,
f. 11-26-12, cert. ef. 1-1-13
436-035-0350
General Spinal
Findings
(1) The following
ratings are for fractured vertebrae:
(a) For a
compression fracture of a single vertebral body: [Tables not included. See ED. NOTE.]
(b) A fracture
of one or more of the posterior elements of a vertebra (spinous process, pedicles,
laminae, articular processes, or transverse processes) is valued per vertebra as
follows: [Tables not included. See ED. NOTE.]
(2) For the
purposes of this section, the cervical, thoracic, and lumbosacral regions are considered
separate body parts. Values determined within one body part are first added, then
the total impairment value is obtained by combining the different body part values.
The following values are for surgical procedures performed on the spine. [Tables
not included. See ED. NOTE.]
(3) For injuries
that result in loss of strength in the back, refer to OAR 436-035-0330(17) and (18).
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.:
ORS 656.726

Stats. Implemented:
ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD
4-1980(Admin), f. 3-20-80, ef. 4-1-80; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82;
Renumbered from 436-065-0610, 5-1-85; WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD
5-1988, f. 8-22-88, cert. ef. 8-19-88; WCD 5-1988(Temp), f. 9-2-88, cert. ef. 8-19-88;
WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89; Renumbered from 436-030-0490; WCD 18-1990(Temp),
f. 9-14-90, cert. ef. 10-1-90; WCD 2-1991, f. 3-26-91 & cert. ef. 4-1-91; WCD
6-1992, f. 2-14-92, cert. ef. 3-13-92; WCD 3-1996, f. 1-29-96, cert. ef. 2-17-96;
WCD 1-1997, f. 1-9-97, cert. ef. 2-15-97; WCD 6-1998, f. 5-13-98, cert. ef. 7-1-98;
WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06;
WCD 10-2007, f. 11-1-07, cert. ef. 1-1-08; WCD 8-2012, f. 11-26-12, cert. ef. 1-1-13
436-035-0360
Spinal Ranges of Motion
(1) For the purpose of determining impairment due to loss of spinal range of motion, sections (2) through (12) of this rule apply when the physician uses an inclinometer to measure impairment.
(2) The following ratings are for loss of flexion in the cervical region: [Ratings not included. See ED. NOTE.]
(3) The following ratings are for loss of extension in the cervical region: [Ratings not included. See ED. NOTE.]
(4) The following ratings are for loss of right or left lateral flexion in the cervical region: [Ratings not included. See ED. NOTE.]
(5) The following ratings are for loss of right or left rotation in the cervical region: [Ratings not included. See ED. NOTE.]
(6) The following ratings are for loss of flexion in the thoracic region: [Ratings not included. See ED. NOTE.]
(7) The following ratings are for loss of right or left rotation in the thoracic region: [Ratings not included. See ED. NOTE.]
(8) The following ratings are for loss of flexion in the lumbosacral region: [Ratings not included. See ED. NOTE.]
(9) The following ratings are for loss of extension in the lumbosacral region: [Ratings not included. See ED. NOTE.]
(10) The following ratings are for loss of right or left lateral flexion of the lumbosacral region: [Ratings not included. See ED. NOTE.]
(11) For a total impairment value due to loss of motion, as measured by inclinometer, in any of the cervical, thoracic or lumbosacral regions, add (do not combine) values for loss of motion for each region.
(12) In order to rate range of motion loss and surgery in one region, combine (do not add) the total range of motion loss in that region with the appropriate total surgical impairment value of the corresponding region. Combine the value from each region to find the total impairment of the spine.
[ED. NOTE: Ratings referenced are available from the agency.]
Stat. Auth.: ORS 656.726

Stats. Implemented: ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD 4-1980(Admin), f. 3-20-80, ef. 4-1-80; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82; Renumbered from 436-065-0620, 5-1-85; WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89; Renumbered from 436-030-0500; WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 6-1991(Temp), f. 9-13-91, cert. ef. 10-1-91; WCD 6-1992, f. 2-14-92, cert. ef. 3-13-92; WCD 3-1996, f. 1-29-96, cert. ef. 2-17-96; WCD 1-1997, f. 1-9-97, cert. ef. 2-15-97; WCD 2-2003, f. 1-15-03 cert. ef. 2-1-03; WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06
436-035-0370
Pelvis
(1) The following
ratings are for a fractured pelvis which heals with displacement and deformity:
[Tables not included. See ED. NOTE.] In the acetabulum — Rate only loss of
hip motion as in OAR 436-035-0340
(2) A hemipelvectomy
receives 25% for the pelvis, and the accompanying loss of the leg is determined
under OAR 436-035-0140(1).
[ED. NOTE:
Ratings referenced are not included in rule text. Click here for PDF copy of rating(s).]
Stat. Auth.:
ORS 656.726

Stats.Implemented:
ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD
4-1980(Admin), f. 3-20-80, ef. 4-1-80; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82;
Renumbered from 436-065-0610, 5-1-85; WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD
5-1988(Temp), f. 9-2-88, cert. ef. 8-19-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89;
Renumbered from 436-030-0510; WCD 2-1991, f. 3-26-91 & cert. ef. 4-1-91; WCD
2-2003, f. 1-15-03 cert. ef. 2-1-03; WCD 2-2010, f. 5-5-10, cert. ef. 6-1-10; WCD
8-2012, f. 11-26-12, cert. ef. 1-1-13
436-035-0375
Abdomen
Use the following classifications when impairment has resulted from a permanent and palpable defect in the supporting structures of the abdominal wall:
(1) Class 1: 5% for a slight protrusion at the site of the defect with increased abdominal pressure that is readily reducible; or occasional mild discomfort at the site of the defect, which limits the worker in one or more activities of daily living (ADL).
(2) Class 2: 15% for frequent or persistent protrusion at the site of the defect with increased pressure that is manually reducible; or frequent discomfort, which limits the worker from heavy lifting, but does not hamper some ADL.
(3) Class 3: 25% for persistent, irreducible, or irreparable protrusion at the site of the defect and there is a limitation in the worker’s ADL.
Stat. Auth.: ORS 656.726

Stats. Implemented: ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 5-1988, f. 8-22-88, cert. ef. 8-19-88; WCD 5-1988, f. 9-2-88, cert. ef. 8-19-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89; WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 2-2010, f. 5-5-10, cert. ef. 6-1-10
436-035-0380 
Cardiovascular System
(1) Impairments
of the cardiovascular system are determined based on objective findings that result
in the following conditions: valvular heart disease, coronary heart disease, hypertensive
cardiovascular disease, cardiomyopathies, pericardial disease, or cardiac arrhythmias.
Each of these conditions will be described and quantified. In most circumstances,
the physician should observe the patient during exercise testing.
(2) Valvular
Heart Disease: Impairment resulting from work related valvular heart disease is
rated according to the following classes:
(a) Class
1 (5% Impairment) The worker has evidence by physical examination or laboratory
studies of valvular heart disease, but no symptoms in the performance of ordinary
daily activities or even upon moderately heavy exertion; and The worker does not
require continuous treatment, although prophylactic antibiotics may be recommended
at the time of a surgical procedure to reduce the risk of bacterial endocarditis;
and The worker remains free of signs of congestive heart failure; and There are
no signs of ventricular hypertrophy or dilation, and the severity of the stenosis
or regurgitation is estimated to be mild; or In the worker who has recovered from
valvular heart surgery, all of the above criteria are met.
(b) Class
2 (20% Impairment) The worker has evidence by physical examination or laboratory
studies of valvular heart disease, and there are no symptoms in the performance
of ordinary daily activities, but symptoms develop on moderately heavy physical
exertion; or
(c) The worker
requires moderate dietary adjustment or drugs to prevent symptoms or to remain free
of the signs of congestive heart failure or other consequences of valvular heart
disease, such as syncope, chest pain and emboli; or
(d) The worker
has signs or laboratory evidence of cardiac chamber hypertrophy or dilation, and
the severity of the stenosis or regurgitation is estimated to be moderate, and surgical
correction is not feasible or advisable; or
(e) The worker
has recovered from valvular heart surgery and meets the above criteria.
(f) Class
3 (40% Impairment) The worker has signs of valvular heart disease and has slight
to moderate symptomatic discomfort during the performance of ordinary daily activities;
and
(g) Dietary
therapy or drugs do not completely control symptoms or prevent congestive heart
failure; and
(h) The worker
has signs or laboratory evidence of cardiac chamber hypertrophy or dilation, the
severity of the stenosis or regurgitation is estimated to be moderate or severe,
and surgical correction is not feasible; or
(i) The worker
has recovered from heart valve surgery but continues to have symptoms and signs
of congestive heart failure including cardiomegaly.
(j) Class
4 (78% Impairment) The worker has signs by physical examination of valvular heart
disease, and symptoms at rest or in the performance of less than ordinary daily
activities; and
(k) Dietary
therapy and drugs cannot control symptoms or prevent signs of congestive heart failure;
and
(l) The worker
has signs or laboratory evidence of cardiac chamber hypertrophy or dilation; and
the severity of the stenosis or regurgitation is estimated to be moderate or severe,
and surgical correction is not feasible; or
(m) The worker
has recovered from valvular heart surgery but continues to have symptoms or signs
of congestive heart failure.
(3) Coronary
Heart Disease: Impairment resulting from work related coronary heart disease is
rated according to the following classes:
(a) Class
1 (5% Impairment) This class of impairment should be reserved for the worker with
an equivocal history of angina pectoris on whom coronary angiography is performed,
or for a worker on whom coronary angiography is performed for other reasons and
in whom is found less than 50% reduction in the cross sectional area of a coronary
artery.
(b) Class
2 (20% Impairment) The worker has history of a myocardial infarction or angina pectoris
that is documented by appropriate laboratory studies, but at the time of evaluation
the worker has no symptoms while performing ordinary daily activities or even moderately
heavy physical exertion; and
(c) The worker
may require moderate dietary adjustment or medication to prevent angina or to remain
free of signs and symptoms of congestive heart failure; and
(d) The worker
is able to walk on the treadmill or bicycle ergometer and obtain a heart rate of
90% of his or her predicted maximum heart rate without developing significant ST
segment shift, ventricular tachycardia, or hypotension; or
(h) The worker
has recovered from coronary artery surgery or angioplasty, remains asymptomatic
during ordinary daily activities, and is able to exercise as outlined above. If
the worker is taking a beta adrenergic blocking agent, he or she should be able
to walk on the treadmill to a level estimated to cause an energy expenditure of
at least 10 METS* as a substitute for the heart rate target. *METS is a term that
represents the multiples of resting metabolic energy used for any given activity.
One MET is 3.5ml/(kg x min).
(i) Class
3 (40% Impairment) The worker has a history of myocardial infarction that is documented
by appropriate laboratory studies, or angina pectoris that is documented by changes
on a resting or exercise ECG or radioisotope study that are suggestive of ischemia;
or
(j) The worker
has either a fixed or dynamic focal obstruction of at least 50% of a coronary artery,
demonstrated by angiography; and
(k) The worker
requires moderate dietary adjustment or drugs to prevent frequent angina or to remain
free of symptoms and signs of congestive heart failure, but may develop angina pectoris
or symptoms of congestive heart failure after moderately heavy physical exertion;
or
(l) The worker
has recovered from coronary artery surgery or angioplasty, continues to require
treatment, and has the symptoms described above.
(m) Class
4 (78% Impairment) The worker has history of a myocardial infarction that is documented
by appropriate laboratory studies or angina pectoris that has been documented by
changes of a resting ECG or radioisotope study that are highly suggestive of myocardial
ischemia; or
(n) The worker
has either fixed or dynamic focal obstruction of at least 50% of one or more coronary
arteries, demonstrated by angiography; and
(o) Moderate
dietary adjustments or drugs are required to prevent angina or to remain free of
symptoms and signs of congestive heart failure, but the worker continues to develop
symptoms of angina pectoris or congestive heart failure during ordinary daily activities;
or
(p) There
are signs or laboratory evidence of cardiac enlargement and abnormal ventricular
function; or
(q) The worker
has recovered from coronary artery bypass surgery or angioplasty and continues to
require treatment and have symptoms as described above.
(4) Hypertensive
Cardiovascular Disease: Impairment resulting from work related hypertensive cardiovascular
disease is rated according to the following classes:
(a) Class
1 (5% Impairment) The worker has no symptoms and the diastolic pressures are repeatedly
in excess of 90 mm Hg; and
(b) The worker
is taking antihypertensive medications but has none of the following abnormalities:
(1) abnormal urinalysis or renal function tests; (2) history of hypertensive cerebrovascular
disease; (3) evidence of left ventricular hypertrophy; (4) hypertensive vascular
abnormalities of the optic fundus, except minimal narrowing of arterioles.
(c) Class
2 (20% Impairment) The worker has no symptoms and the diastolic pressures are repeatedly
in excess of 90 mm Hg; and
(d) The worker
is taking antihypertensive medication and has any of the following abnormalities:
(1) proteinuria and abnormalities of the urinary sediment, but no impairment of
renal function as measured by blood urea nitrogen (BUN) and serum creatinine determinations;
(2) history of hypertensive cerebrovascular damage; (3) definite hypertensive changes
in the retinal arterioles, including crossing defects or old exudates.
(e) Class
3 (40% Impairment) The worker has no symptoms and the diastolic pressure readings
are consistently in excess of 90 mm Hg; and
(f) The worker
is taking antihypertensive medication and has any of the following abnormalities:
(1) diastolic pressure readings usually in excess of 120 mm Hg; (2) proteinuria
or abnormalities in the urinary sediment, with evidence of impaired renal function
as measured by elevated BUN and serum creatinine, or by creatinine clearance below
50%; (3) hypertensive cerebrovascular damage with permanent neurological residual;
(4) left ventricular hypertrophy based on findings of physical examination, ECG,
or chest radiograph, but no symptoms, signs or evidence by chest radiograph of congestive
heart failure; or (5) retinopathy, with definite hypertensive changes in the arterioles,
such as “copper” or “silver wiring,” or A-V crossing changes,
with or without hemorrhages and exudates.
(g) Class
4 (78% Impairment) The worker has a diastolic pressure consistently in excess of
90 mm Hg; and
(h) The worker
is taking antihypertensive medication and has any two of the following abnormalities;
(A) diastolic
pressure readings usually in excess of 120 mm Hg;
(B) proteinuria
and abnormalities in the urinary sediment, with impaired renal function and evidence
of nitrogen retention as measured by elevated BUN and serum creatinine or by creatinine
clearance below 50%;
(C) hypertensive
cerebrovascular damage with permanent neurological deficits;
(D) left
ventricular hypertrophy;
(E) retinopathy
as manifested by hypertensive changes in the arterioles, retina, or optic nerve;
(F) history
of congestive heart failure; or
(G) The worker
has left ventricular hypertrophy with the persistence of congestive heart failure
despite digitalis and diuretics.
(5) Cardiomyopathy:
Impairment resulting from work related cardiomyopathies is rated according to the
following classes:
(a) Class
1 (5% Impairment) The worker is asymptomatic and there is evidence of impaired left
ventricular function from physical examination or laboratory studies; and
(b) There
is no evidence of congestive heart failure or cardiomegaly from physical examination
or laboratory studies.
(c) Class
2 (20% Impairment) The worker is asymptomatic and there is evidence of impaired
left ventricular function from physical examination or laboratory studies; and
(d) Moderate
dietary adjustment or drug therapy is necessary for the worker to be free of symptoms
and signs of congestive heart failure; or
(e) The worker
has recovered from surgery for the treatment of hypertrophic cardiomyopathy and
meets the above criteria.
(f) Class
3 (40% Impairment) The worker develops symptoms of congestive heart failure on greater
than ordinary daily activities and there is evidence of abnormal ventricular function
from physical examination or laboratory studies; and
(g) Moderate
dietary restriction or the use of drugs is necessary to minimize the worker’s
symptoms, or to prevent the appearance of signs of congestive heart failure or evidence
of it by laboratory study; OR
(h) The worker
has recovered from surgery for the treatment of hypertrophic cardiomyopathy and
meets the criteria described above.
(i) Class
4 (78% Impairment) The worker is symptomatic during ordinary daily activities despite
the appropriate use of dietary adjustment and drugs, and there is evidence of abnormal
ventricular function from physical examination or laboratory studies; or
(j) There
are persistent signs of congestive heart failure despite the use of dietary adjustment
and drugs; or
(k) The worker
has recovered from surgery for the treatment of hypertrophic cardiomyopathy and
meets the above criteria.
(6) Pericardial
Disease: Impairment resulting from work related pericardial disease is rated according
to the following classes:
(a) Class
1 (5% Impairment) The worker has no symptoms in the performance of ordinary daily
activities or moderately heavy physical exertion, but does have evidence from either
physical examination or laboratory studies of pericardial heart disease; and
(b) Continuous
treatment is not required, and there are no signs of cardiac enlargement, or of
congestion of lungs or other organs; or
(c) In the
worker who has had surgical removal of the pericardium, there are no adverse consequences
of the surgical removal and the worker meets the criteria above.
(d) Class
2 (20% Impairment) The worker has no symptoms in the performance of ordinary daily
activities, but does have evidence from either physical examination or laboratory
studies of pericardial heart disease; but
(e) Moderate
dietary adjustment or drugs are required to keep the worker free from symptoms and
signs of congestive heart failure; or
(f) The worker
has signs or laboratory evidence of cardiac chamber hypertrophy or dilation; or
(g) The worker
has recovered from surgery to remove the pericardium and meets the criteria above.
(h) Class
3 (40% Impairment) The worker has symptoms on performance of greater than ordinary
daily activities despite dietary or drug therapy, and the worker has evidence from
physical examination or laboratory studies, of pericardial heart disease; and
(i) Physical
signs are present, or there is laboratory evidence of cardiac chamber enlargement
or there is evidence of significant pericardial thickening and calcification; or
(j) The worker
has recovered from surgery to remove the pericardium but continues to have the symptoms,
signs and laboratory evidence described above.
(k) Class
4 (78% Impairment)
(l) The worker
has symptoms on performance of ordinary daily activities in spite of using appropriate
dietary restrictions or drugs, and the worker has evidence from physical examination
or laboratory studies, of pericardial heart disease; and
(m) The worker
has signs or laboratory evidence of congestion of the lungs or other organs; or
(n) The worker
has recovered from surgery to remove the pericardium and continues to have symptoms,
signs, and laboratory evidence described above.
(7) Arrythmias:
Impairment resulting from work related cardiac arrhythmias* is rated according to
the following classes:
(a) Class
1 (5% Impairment) The worker is asymptomatic during ordinary activities and a cardiac
arrhythmia is documented by ECG; and
(b) There
is no documentation of three or more consecutive ectopic beats or periods of asystole
greater than 1.5 seconds, and both the atrial and ventricular rates are maintained
between 50 and 100 beats per minute; and
(c) There
is no evidence of organic heart disease. * If an arrhythmia is a result of organic
heart disease, the arrhythmia should be rated separately and combined with the impairment
rating for the organic heart disease.
(d) Class
2 (20% Impairment) The worker is asymptomatic during ordinary daily activities and
a cardiac arrhythmia* is documented by ECG; and
(e) Moderate
dietary adjustment, or the use of drugs, or an artificial pacemaker, is required
to prevent symptoms related to the cardiac arrhythmia; or
(f) The arrhythmia
persists and there is organic heart disease.
(g) Class
3 (40% Impairment) The worker has symptoms despite the use of dietary therapy or
drugs or of an artificial pacemaker and a cardiac arrhythmia* is documented with
ECG; but
(h) The worker
is able to lead an active life and the symptoms due to the arrhythmia are limited
to infrequent palpitations and episodes of light-headedness, or other symptoms of
temporarily inadequate cardiac output.
(i) Class
4 (78% Impairment) The worker has symptoms due to documented cardiac arrhythmia*
that are constant and interfere with ordinary daily activities; or
(j) The worker
has frequent symptoms of inadequate cardiac output documented by ECG to be due to
frequent episodes of cardiac arrhythmia; or
(k) The worker
continues to have episodes of syncope that are either due to, or have a high probability
of being related to, the arrhythmia. To fit into this category of impairment, the
symptoms must be present despite the use of dietary therapy, drugs, or artificial
pacemakers.
(8) For heart
transplants an impairment value of 50% is given. This value is combined with any
other findings of impairment of the heart.
Stat. Auth.: ORS
656.726

Stats. Implemented:
ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD
4-1980(Admin), f. 3-20-80, ef. 4-1-80; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82;
Renumbered from 436-065-0640, 5-1-85; WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD
5-1988, f. 8-22-88, cert. ef. 8-19-88; WCD 5-1988(Temp), f. 9-2-88, cert. ef. 8-19-88;
WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89; Renumbered from 436-030-0520; WCD 18-1990(Temp),
f. 9-14-90, cert. ef. 10-1-90; WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 9-2004,
f. 10-26-04, cert. ef. 1-1-05; WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06; WCD 8-2012,
f. 11-26-12, cert. ef. 1-1-13
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.
Stat. Auth.: ORS
656.726(4)

Stats. Implemented:
ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD
2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 5-1988, f. 8-22-88, cert. ef. 8-19-88;
WCD 5-1988(Temp), f. 9-2-88, cert. ef. 8-19-88; WCD 7-1988, f. 12-21-88, cert. ef.
1-1-89; WCD 18-1990(Temp), f. 9-14-90, cert. ef. 10-1-90; WCD 2-1991, f. 3-26-91,
cert. ef. 4-1-91; WCD 6-1992, f. 2-14-92, cert. ef. 3-13-92; WCD 9-2004, f. 10-26-04,
cert. ef. 1-1-05; WCD 8-2012, f. 11-26-12, cert. ef. 1-1-13
436-035-0390
Cranial Nerves/Brain
(1) Impairment of
the first cranial nerve (olfactory) resulting in either complete inability to detect
odors or alteration of the sense of smell is 3% impairment.
(2) Ratings
given for impairment of the second cranial nerve (optic) are rated based on their
effects on vision under OAR 436-035-0260.
(3) Ratings
given for impairment in the third cranial nerve (oculomotor), fourth cranial nerve
(trochlear), and sixth cranial nerve (abducens) are rated based on their effects
on ocular motility under OAR 436-035-0260.
(4) Ratings
given for impairment of the fifth cranial nerve (trigeminal) are as follows:
(a) For loss
or alteration of sensation in the trigeminal distribution on one side: 10%; on both
sides: 35%.
(b) The rating
given for loss of motor function for each trigeminal Nerve is 5%.
(c) The rating
given for loss of motor function of both trigeminal Nerves is determined under OAR
436-035-0385 and 436-035-0420.
(5) Ratings
given for impairment of the sixth cranial nerve (abducens) are described in section
(3) of this rule.
(6) Ratings
given for impairment of the seventh cranial nerve (facial) are as follows:
(a) No rating
is given for loss of sensation from impairment of one or both facial nerves.
(b) If impairment
of one or both facial nerves results in loss or alteration of the sense of taste,
the rating is 3%.
(c) Motor
loss on one side of the face due to impairment of the facial nerve is rated at 15%
for a complete loss, or 5% for a partial loss.
(d) Motor
loss on both sides of the face due to impairment of the facial nerve is rated at
45% for a complete loss, or 20% for a partial loss.
(7) Ratings
given for impairment of the eighth cranial nerve (auditory) are determined according
to their effects on hearing under OAR 436-035-0250. Other ratings for loss of function
most commonly associated with this nerve include the following:
(a) For permanent
disturbances resulting in disequilibrium which limits activities the impairment
is rated under the following:
(A) Class
1: 8% when signs of disequilibrium are present with supporting objective findings
and the usual activities of daily living (ADL) are performed without assistance.
(B) Class
2: 23% when signs of disequilibrium are present with supporting objective findings
and the usual activities of daily living can be performed without assistance, and
the worker is unable to operate a motor vehicle.
(C) Class
3: 48% when signs of disequilibrium are present with supporting objective findings
and the usual ADL cannot be performed without assistance.
(D) Class
4: 80% when signs of disequilibrium are present with supporting objective findings
and the usual ADL cannot be performed without assistance, and confinement to the
home or other facility is necessary.
(b) Tinnitus
which by a preponderance of medical opinion requires job modification is valued
at 5%. No additional impairment value is allowed for “bilateral” tinnitus.
(8) Ratings
given for impairment of the ninth cranial nerve (glossopharyngeal), tenth cranial
nerve (vagus), and eleventh cranial nerve (cranial accessory) are as follows:
(a) Impairment
of swallowing due to damage to the ninth, tenth, or eleventh cranial nerve is determined
under OAR 436-035-0420.
(b) Speech
impairment due to damage to the ninth, tenth, or eleventh cranial nerve is rated
under the classifications in OAR 436-035-0385(8).
(9) Ratings
given for impairment of the twelfth cranial nerve (hypoglossal) are as follows:
(a) No rating
is allowed for loss on one side.
(b) Bilateral
loss is rated as in section (8) of this rule.
(10) Impairment
for injuries to the brain or head is determined based upon a preponderance of medical
opinion which applies or describes the following criteria.
(a) The existence
and severity of the claimed residuals and impairments must be objectively determined
by observation or examination or a preponderance of evidence, and must be within
the range reasonably considered to be possible, given the nature of the original
injury, based upon a preponderance of medical opinion.
(b) Emotional
disturbances which are reactive to other residuals, but which are not directly related
to the brain or head injury, such as frustration or depressed mood about memory
deficits or work limitations, are not included under these criteria and must be
addressed separately.
(c) The distinctions
between classes are intended to reflect, at their most fundamental level, the impact
of the residuals on two domains: impairment of ADL, and impairment of employment
capacity.
(d) Where
the residuals from the accepted condition and any direct medical sequelae place
the worker between one or more classes, the worker is entitled to be placed in the
highest class that describes the worker’s impairment. There is no averaging
of impairment values when a worker falls between classes.
(e) As used
in these rules, episodic neurologic disorder refers to and includes any of the following:
(A) Any type
of seizure disorder;
(B) Vestibular
disorder, including disturbances of balance or sensorimotor integration;
(C) Neuro-ophthalmologic
or oculomotor visual disorder, such as diplopia;
(D) Headaches.
[Ratings not included. See ED. NOTE.]
(11) For
the purpose of section (10) of this rule, the Rancho Los Amigos-Revised levels are
based upon the “Eight States Levels of Cognitive Recovery” developed
at the Rancho Los Amigos Hospital and co-authored by Chris Hagen, PhD, Danese Malkumus,
M.A., and Patricia Durham, M.S., in 1972. These levels were revised by Danese Malkumus,
M.A., and Kathryn Standenip, O.T.R., in 1974, revised by Chris Hagen, PhD, in 1999
to include ten levels, referred to as Rancho-R.
(12) For
brain or head injuries that have resulted in the loss of use or function of any
upper or lower extremities, a value may be allowed for the affected body part(s).
Refer to the appropriate section of these standards for that determination.
(13) Headaches
that are not a direct result of a brain or head injury (e.g., cervicogenic, sensory
input issues, etc.) are given a value of 10% when they interfere with the activities
of daily living, affect the worker’s ability to regularly perform work, and
require continued prescription medication or therapy. If a value for headaches is
granted under section (10) of this rule, the value in this section is not granted
because it is included in the impairment value for the episodic neurological disorder.
[ED. NOTE: Ratings
referenced are available from the agency.]
[Publications:
Publications referenced are available from the agency.]
Stat. Auth.:
ORS 656.726

Stats. Implemented:
ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD
4-1980(Admin), f. 3-20-80, ef. 4-1-80; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82;
Renumbered from 436-065-0645, 5-1-85; WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD
7-1988, f. 12-21-88, cert. ef. 1-1-89; Renumbered from 436-030-0530; WCD 18-1990(Temp),
f. 9-14-90, cert. ef. 10-1-90; WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 6-1992,
f. 2-14-92, cert. ef. 3-13-92; WCD 3-1996, f. 1-29-96, cert. ef. 2-17-96; WCD 2-2003,
f. 1-15-03 cert. ef. 2-1-03; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 8-2005,
f. 12-6-05, cert. ef. 1-1-06; WCD 10-2007, f. 11-1-07, cert. ef. 1-1-08; WCD 2-2010,
f. 5-5-10, cert. ef. 6-1-10; WCD 8-2012, f. 11-26-12, cert. ef. 1-1-13
436-035-0395
Spinal Cord
(1) The spinal cord
is concerned with sensory, motor, and visceral functions. Permanent impairment can
result from various disorders affecting these functions. Spinal cord impairment
is determined under the following classes:
(a) Class
1: 15% when the worker has spinal cord damage but is able to carry out the activities
of daily living independently.
(b) Class
2: 35% when the worker is a paraplegic and requires assistive measures or devices
for any of the activities of daily living.
(c) Class
3: 50% when the worker is a quadriplegic and requires assistive measures or devices
for any of the activities of daily living.
(d) Class
4: 75% when the worker is a paraplegic or quadriplegic and requires the assistance
of another person for any of the activities of daily living.
(e) Class
5: 95% when the worker is a paraplegic or quadriplegic and is dependent in all of
the activities of daily living.
(f) When
a value is granted under section (1) of this rule, no additional impairment value
is allowed for reduced range of motion in the spine because it is included in the
impairment values shown in this section.
(2) For spinal
cord damage that has resulted in the loss of use or function of body part(s) other
than upper and lower extremities, a value is given for other affected body part(s)
or organ system(s). Refer to the appropriate section of these standards for that
determination and combine with impairment valued under this rule.
(3) For spinal
cord damage that has resulted in the loss of use or function of any upper or lower
extremities, a value is given for the affected body part(s). Refer to the appropriate
section of these standards for that determination.
(4) Episodic
neurological disorders are determined under OAR 436-035-0390(10).
[ED. NOTE: Ratings
referenced are available from the agency.]
Stat. Auth.:
ORS 656.726

Stats. Implemented:
ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD
2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89;
WCD 18-1990(Temp), f. 9-14-90, cert. ef. 10-1-90; WCD 2-1991, f. 3-26-91, cert.
ef. 4-1-91; WCD 6-1992, f. 2-14-92, cert. ef. 3-13-92; WCD 3-1996, f. 1-29-96, cert.
ef. 2-17-96; WCD 2-2003, f. 1-15-03 cert. ef. 2-1-03; WCD 9-2004, f. 10-26-04, cert.
ef. 1-1-05; WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06; WCD 8-2012, f. 11-26-12, cert.
ef. 1-1-13
436-035-0400
Mental Illness
(1) Accepted mental
disorders resulting in impairment must be diagnosed by a psychiatrist or other mental
health professional as provided for in a managed care organization certified under
OAR chapter 436, Division 015.
(2) Diagnoses
of mental disorders for the purposes of these rules follow the guidelines of the
Diagnostic and Statistical Manual of Mental Disorders DSM-IV (1994), published by
the American Psychiatric Association. A copy of the standards referenced in this
rule is available for review during regular business hours at the Workers’
Compensation Division, 350 Winter Street NE, Salem OR 97301, 503-947-7810.
(3) The physician
describes permanent changes in mental function in terms of their affect on the worker’s
activities of daily living (ADLs), as defined in OAR 436-035-0005(1). Additionally,
the physician describes the affect on social functioning and deterioration or decompensation
in work or work-like settings.
(a) Social
functioning refers to an individual’s capacity to interact appropriately,
communicate effectively, and get along with other individuals.
(b) Deterioration
or decompensation in work or work-like settings refers to repeated failure to adapt
to stressful circumstances, which causes the individual either to withdraw from
that situation or to experience exacerbations with accompanying difficulty in maintaining
ADL, social relationships, concentration, persistence, pace, or adaptive behaviors.
(4) Loss
of function attributable to permanent worsening of personality disorders may be
stated as impairment only if it interferes with the worker’s long-term ability
to adapt to the ordinary activities and stresses of daily living. Personality disorders
are rated as two classes with gradations within each class based on severity:
(a) Class
1: minimal (0%), mild (6%), or moderate (11%) when the worker shows little self-understanding
or awareness of the mental illness; some problems with judgment; some problems with
controlling personal behavior; some ability to avoid serious problems with social
and personal relationships; and some ability to avoid self-harm.
(b) Class
2: minimal (20%), mild (29%), or moderate (38%) when the worker shows considerable
loss of self control; an inability to learn from experience; and causes harm to
the community or to the self.
(5) Loss
of function attributable to permanent symptoms of affective disorders, anxiety disorders,
somatoform disorders, and chronic adjustment disorders is rated under the following
classes, with gradations within each class based on the severity of the symptoms/loss
of function:
(a) Class
1: 0% when one or more of the following residual symptoms are noted:
(A) Anxiety
symptoms: Require little or no treatment, are in response to a particular stress
situation, produce unpleasant tension while the stress lasts, and might limit some
activities.
(B) Depressive
symptoms: The ADL can be carried out, but the worker might lack ambition, energy,
and enthusiasm. There may be such depression-related, mentally-caused physical problems
as mild loss of appetite and a general feeling of being unwell.
(C) Phobic
symptoms: Phobias the worker already suffers from may come into play, or new phobias
may appear in a mild form.
(D) Psychophysiological
symptoms: Are temporary and in reaction to specific stress. Digestive problems are
typical. Any treatment is for a short time and is not connected with any ongoing
treatment. Any physical pathology is temporary and reversible. Conversion symptoms
or hysterical symptoms are brief and do not occur very often. They might include
some slight and limited physical problems (such as weakness or hoarseness) that
quickly respond to treatment.
(b) Class
2: minimal (6%), mild (23%), or moderate (35%) when one or more of the following
residual symptoms/loss of functions are noted:
(A) Anxiety
symptoms: May require extended treatment. Specific symptoms may include (but are
not limited to) startle reactions, indecision because of fear, fear of being alone,
and insomnia. There is no loss of intellect or disturbance in thinking, concentration,
or memory.
(B) Depressive
symptoms: Last for several weeks. There are disturbances in eating and sleeping
patterns, loss of interest in usual activities, and moderate retardation of physical
activity. There may be thoughts of suicide. Self-care activities and personal hygiene
remain good.
(C) Phobic
symptoms: Interfere with normal activities to a mild to moderate degree. Typical
reactions include (but are not limited to) a desire to remain at home, a refusal
to use elevators, a refusal to go into closed rooms, and an obvious reaction of
fear when confronted with a situation that involves a superstition.
(D) Psychophysiological
symptoms: Require substantial treatment. Frequent and recurring problems with the
organs get in the way of common activities. The problems may include (but are not
limited to) diarrhea; chest pains; muscle spasms in the arms, legs, or along the
backbone; a feeling of being smothered; and hyperventilation. There is no actual
pathology in the organs or tissues. Conversion or hysterical symptoms result in
periods of loss of physical function that occur more than twice a year, last for
several weeks, and need treatment. Symptoms may include (but are not limited to)
temporary hoarseness, temporary blindness, temporary weakness in the arms or the
legs. These problems continue to return.
(c) Class
3: Minimal (50%), mild (66%), or moderate (81%) when one or more of the following
residual symptoms/loss of functions are noted:
(A) Anxiety
symptoms: Fear, tension, and apprehension interfere with work or the ADL. Memory
and concentration decrease or become unreliable. Long-lasting periods of anxiety
keep returning and interfere with personal relationships. The worker needs constant
reassurance and comfort from family, friends, and coworkers.
(B) Depressive
symptoms: Include an obvious loss of interest in the usual ADL, including eating
and self-care. These problems are long-lasting and result in loss of weight and
an unkempt appearance. There may be retardation of physical activity, a preoccupation
with suicide, and actual attempts at suicide. The worker may be extremely agitated
on a frequent or constant basis.
(C) Phobic
symptoms: Existing phobias are intensified. In addition, new phobias develop. This
results in bizarre and disruptive behavior. In the most serious cases, the worker
may become home-bound, or even room-bound. Persons in this state often carry out
strange rituals which require them to be isolated or protected.
(D) Psychophysiological
symptoms: Include tissue changes in one or more body systems or organs. These may
not be reversible. Typical reactions include (but are not limited to) changes in
the wall of the intestine that results in constant digestive and elimination problems.
Conversion or hysterical symptoms include loss of physical function that occurs
often and lasts for weeks or longer. Evidence of physical change follows such events.
A symptomatic period (18 months or more) is associated with advanced negative changes
in the tissues and organs. These include (but are not limited to) atrophy of muscles
in the legs and arms. A common symptom is general flabbiness.
(6) Psychotic
disorders are rated based on perception, thinking process, social behavior, and
emotional control. Variations in these aspects of mental function are rated under
the following classifications with gradations within each class based on severity:
(a) Class
1: minimal (0%), mild (6%), or moderate (11%) when one or more of the following
is established:
(A) Perception:
The worker misinterprets conversations or events. It is common for persons with
this problem to think others are talking about them or laughing at them.
(B) Thinking
process: The worker is absent-minded, forgetful, daydreams too much, thinks slowly,
has unusual thoughts that recur, or suffers from an obsession. The worker is aware
of these problems and may also show mild problems with judgment. It is also possible
that the worker may have little self-understanding or understanding of the problem.
(C) Social
behavior: Small problems appear in general behavior, but do not get in the way of
social or living activities. Others are not disturbed by them. The worker may be
over-reactive or depressed or may neglect self-care and personal hygiene.
(D) Emotional
control: The worker may be depressed and have little interest in work or life. The
worker may have an extreme feeling of well-being without reason. Controlled and
productive activities are possible, but the worker is likely to be irritable and
unpredictable.
(b) Class
2: minimal (20%), mild (29%), or moderate (38%) when one or more of the following
is established:
(A) Perception:
Workers in this state have fairly serious problems in understanding their personal
surroundings. They cannot be counted on to understand the difference between daydreams,
imagination, and reality. They may have fantasies involving money or power, but
they recognize them as fantasies. Because persons in this state are likely to be
overly excited or suffering from paranoia, they are also likely to be domineering,
peremptory, irritable, or suspicious.
(B) Thinking
process: The thinking process is so disturbed that persons in this state might not
realize they are having mental problems. The problems might include (but are not
limited to) obsessions, blocking, memory loss serious enough to affect work and
personal life, confusion, powerful daydreams or long periods of being deeply lost
in thought to no set purpose.
(C) Social
behavior: Persons in this state can control their social behavior if they are asked
to do so. However, if left on their own, their behavior is so bizarre that others
may be concerned. Such behavior might include (but is not limited to) over-activity,
disarranged clothing, and talk or gestures which neither make sense nor fit the
situation.
(D) Emotional
control: Persons in this state suffer a serious loss of control over their emotions.
They may become extremely angry for little or no reason, they may cry easily, or
they may have an extreme feeling of well-being, causing them to talk too much and
to little purpose. These behaviors interfere with living and work and cause concern
in others.
(c) Class
3: minimal (50%), mild (63%), or moderate (75%) when one or more of the following
is established:
(A) Perception:
Workers in this state suffer from frequent illusions and hallucinations. Following
the demands of these illusions and hallucinations leads to bizarre and disruptive
behavior.
(B) Thinking
process: Workers in this state suffer from disturbances in thought that are obvious
even to a casual observer. These include an inability to communicate clearly because
of slurred speech, rambling speech, primitive language, and an absence of the ability
to understand the self or the nature of the problem. Such workers also show poor
judgment and openly talk about delusions without recognizing them as such.
(C) Social
behavior: Persons in this state are a nuisance or a danger to others. Actions might
include interfering with work and other activities, shouting, sudden inappropriate
bursts of profanity, carelessness about excretory functions, threatening others,
and endangering others.
(D) Emotional
control: Workers in this state cannot control their personal behavior. They might
be very irritable and overactive or so depressed they become suicidal.
(d) Class
4: 90% for workers who usually need to be placed in a hospital or institution. Medication
may help them to a certain extent and the following is established:
(A) Perception:
Workers become so obsessed with hallucinations, illusions, and delusions that normal
self-care is not possible. Bursts of violence may occur.
(B) Thinking
process: Communication is either very difficult or impossible. The worker is responding
almost entirely to delusions, illusions, and hallucinations. Evidence of disturbed
mental processes may include (but are not limited to) severe confusion, incoherence,
irrelevance, refusal to speak, the creation of new words or using existing words
in a new manner.
(C) Social
behavior: The worker’s personal behavior endangers both the worker and others.
Poor perceptions, confused thinking, lack of emotional control, and obsessive reaction
to hallucinations, illusions, and delusions produce behavior that can result in
the worker being inaccessible, suicidal, openly aggressive and assaultive, or even
homicidal.
(D) Emotional
control: The worker may have either a severe emotional disturbance in which the
worker is delirious and uncontrolled or extreme depression in which the worker is
silent, hostile, and self-destructive. In either case, lack of control over anger
and rage might result in homicidal behavior.
[Publications: Publications
referenced are available from the agency.]
Stat. Auth.:
ORS 656.726

Stats. Implemented:
ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD
4-1980(Admin), f. 3-20-80, ef. 4-1-80; WCD 5-1981(Admin), f. 12-30-81, ef. 1-1-82;
Renumbered from 436-065-0555, 5-1-85; WCD 2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD
7-1988, f. 12-21-88, cert. ef. 1-1-89; Renumbered from 436-065-0540; WCD 18-1990(Temp),
f. 9-14-90, cert. ef. 10-1-90; WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 6-1998,
f. 5-13-98, cert. ef. 7-1-98; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 8-2005,
f. 12-6-05, cert. ef. 1-1-06; WCD 2-2010, f. 5-5-10, cert. ef. 6-1-10; WCD 8-2012,
f. 11-26-12, cert. ef. 1-1-13
436-035-0410
Hematopoietic System
(1) Anemia can be
impairing when the cardiovascular system cannot compensate for the effects of the
anemia. The following values are given for workers who become anemic:
(a) Class
1: 0% when there are no complaints or evidence of disease and the usual activities
of daily living can be performed; no blood transfusion is required; and the hemoglobin
level is 10-12gm/100ml.
(b) Class
2: 30% when there are complaints or evidence of disease and the usual activities
of daily living can be performed with some difficulty; no blood transfusion is required;
and the hemoglobin level is 8-10gm/100ml.
(c) Class
3: 70% when there are signs and symptoms of disease and the usual activities of
daily living can be performed with difficulty and with varying amounts of assistance
from others; blood transfusion of 2 to 3 units is required every 4 to 6 weeks; and
the hemoglobin level is 5-8gm/100ml before transfusion.
(d) Class
4: 85% when there are signs and symptoms of disease and the usual activities of
daily living cannot be performed without assistance from others; blood transfusion
of 2 to 3 units is required every 2 weeks, implying hemolysis of transfused blood;
and the hemoglobin level is 5-8gm/100ml before transfusion.
(2) White
blood cell system impairments are rated under the following classes:
(a) Class
1: 5% when there are symptoms or signs of leukocyte abnormality and no or infrequent
treatment is needed and all or most of the activities of daily living can be performed.
(b) Class
2: 20% when there are symptoms and signs of leukocyte abnormality and continuous
treatment is needed but most of the activities of daily living can be performed.
(c) Class
3: 40% when there are symptoms and signs of leukocyte abnormality and continuous
treatment is needed and the activities of daily living can be performed with occasional
assistance from others.
(d) Class
4: 73% when there are symptoms and signs of leukocyte abnormality and continuous
treatment is needed and continuous care is required for activities of daily living.
(3) Splenectomy
is given an impairment value of 5%.
(4) Hemorrhagic
disorders receive 5% impairment if many activities must be avoided and constant
endocrine therapy is needed, or anticoagulant treatment with a vitamin K antagonist
is required. Hemorrhagic disorders that stem from damage to other organs or body
systems are not rated under this section but are rated based on the impairment of
the other organ or body system.
Stat. Auth.: ORS
656.726

Stats. Implemented:
ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD
2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89;
WCD 18-1990(Temp), f. 9-14-90, cert. ef. 10-1-90; WCD 2-1991, f. 3-26-91, cert.
ef. 4-1-91; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 8-2005, f. 12-6-05, cert.
ef. 1-1-06; WCD 2-2010, f. 5-5-10, cert. ef. 6-1-10; WCD 8-2012, f. 11-26-12, cert.
ef. 1-1-13
436-035-0420
Gastrointestinal
and Genitourinary Systems
(1) Impairments
in mastication (chewing) and deglutition (swallowing) are determined based on the
following criteria:
(a) Diet
limited to semi-solid or soft foods — 8%
(b) Diet
limited to liquid foods — 25%
(c) Eating
requires tube feeding or gastrostomy — 50%
(2) Impairment
of the upper digestive tract (esophagus, stomach and duodenum, small intestine,
pancreas) is valued under the following classes: [Classes not included. See ED.
NOTE.]
(3) Colonic
and rectal impairment is rated under the following classes: [Classes not included.
See ED. NOTE.]
(6) Biliary
tract impairment is determined under the following classes:
(a) Class
1: 5% for an occasional episode of biliary tract dysfunction.
(b) Class
2: 20% for recurrent biliary tract impairment irrespective of treatment.
(c) Class
3: 40% for irreparable obstruction of the bile tract with recurrent cholangitis.
(d) Class
4: 75% for persistent jaundice and progressive liver disease due to obstruction
of the common bile duct.
(7) Impairment
of the upper urinary tract is determined under the following classes: [Classes not
included. See ED. NOTE.]
(8) Impairment
of the bladder: When evaluating permanent impairment of the bladder, the status
of the upper urinary tract must also be considered. The appropriate impairment values
for both are combined under OAR 436-035-0011(5). Impairment of the bladder is determined
under the following classes:
(a) Class
1: 5% when the patient has symptoms and signs of bladder disorder requiring intermittent
treatment with normal function between episodes of malfunction.
(b) Class
2: 18% when (a) there are symptoms or signs of bladder disorder requiring continuous
treatment; OR (b) there is good bladder reflex activity, but no voluntary control.
(c) Class
3: 30% when the bladder has poor reflex activity, that is, there is intermittent
dribbling, and no voluntary control.
(d) Class
4: 50% when there is no reflex or voluntary control of the bladder, that is, there
is continuous dribbling.
(9) Urethra:
When evaluating permanent impairment of the urethra, one must also consider the
status of the upper urinary tract and bladder. The values for all parts of the urinary
system are combined under OAR 436-035-0011(5). Impairment of the urethra is determined
under the following classes:
(a) Class
1: 3% when symptoms and signs of urethral disorder are present that require intermittent
therapy for control.
(b) Class
2: 15% when there are symptoms and signs of a urethral disorder that cannot be effectively
controlled by treatment.
(10) Penile
sexual dysfunction: When evaluating permanent impairment due to sexual dysfunction
of the penis, one must also consider the status of the urethra upper urinary tract
and bladder. The values for all parts of the system are combined under OAR 436-035-0011(6).
Loss or alteration of the gonads is valued under OAR 436-035-0430. Impairment due
to sexual dysfunction of the penis is determined under the following classes: [Classes
not included. See ED. NOTE.]
(11) Cervix/uterus/vagina:
When evaluating permanent impairment of the cervix/uterus/vagina, one must also
consider the status of the urethra, upper urinary tract and bladder. The values
for all parts of the system are combined under OAR 436-035-0011(5). Loss or alteration
of the gonads is valued under OAR 436-035-0430. Impairment of the cervix/uterus/vagina
is determined under the following classes: [Classes not included. See ED. NOTE.]
[ED. NOTE: Classes referenced are not included in rule text. Click here for PDF copy of class(es).]
Stat. Auth.: ORS
656.726

Stats. Implemented:
ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD
2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 5-1988(Temp), f. 8-22-88, cert. ef. 8-19-88;
WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89; WCD 18-1990(Temp), f. 9-14-90, cert.
ef. 10-1-90; WCD 2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 6-1998, f. 5-13-98, cert.
ef. 7-1-98 ; WCD 2-2003, f. 1-15-03 cert. ef. 2-1-03; WCD 9-2004, f. 10-26-04, cert.
ef. 1-1-05; WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06; WCD 10-2007, f. 11-1-07, cert.
ef. 1-1-08; WCD 2-2010, f. 5-5-10, cert. ef. 6-1-10; WCD 8-2012, f. 11-26-12, cert.
ef. 1-1-13
436-035-0430
Endocrine System
(1) The assessment
of permanent impairment from disorders of the hypothalamic-pituitary axis requires
evaluation of (1) primary abnormalities related to growth hormone, prolactin, or
ADH; (2) secondary abnormalities in other endocrine glands, such as thyroid, adrenal,
and gonads, and; (3) structural and functional disorders of the central nervous
system caused by anatomic abnormalities of the pituitary. Each disorder must be
evaluated separately, using the standards for rating the nervous system, visual
system, and mental and behavioral disorders, and the impairments combined. Impairment
of the hypothalamic-pituitary axis is determined under the following classes:
(a) Class
1: 5% when controlled effectively with continuous treatment.
(b) Class
2: 18% when inadequately controlled by treatment.
(c) Class
3: 38% when there are severe symptoms and signs despite treatment.
(2) Impairment
of thyroid function results in either hyperthyroidism or hypothyroidism. Hyperthyroidism
is not considered to be a cause of permanent impairment, because the hypermetabolic
state in practically all patients can be corrected permanently by treatment. After
remission of hyperthyroidism, there may be permanent impairment of the visual or
cardiovascular systems, which should be evaluated using the appropriate standards
for those systems.
Hypothyroidism
in most instances can be satisfactorily controlled by the administration of thyroid
medication. Occasionally, because of associated disease in other organ systems,
full hormone replacement may not be possible. Impairment of thyroid function is
determined under the following classes:
(a) Class
1: 5% when (a) continuous thyroid therapy is required for correction of the thyroid
insufficiency or for maintenance of normal thyroid anatomy; AND (b) the replacement
therapy appears adequate based on objective physical or laboratory evidence.
(b) Class
2: 18% when (a) symptoms and signs of thyroid disease are present, or there is anatomic
loss or alteration; AND (b) continuous thyroid hormone replacement therapy is required
for correction of the confirmed thyroid insufficiency; BUT (c) the presence of a
disease process in another body system or systems permits only partial replacement
of the thyroid hormone.
(3) Parathyroid:
Impairment of parathyroid function results in either hyperparathyroidism or hypoparathyroidism.
(a) In most
cases of hyperparathyroidism, surgical treatment results in correction of the primary
abnormality, although secondary symptoms and signs may persist, such as renal calculi
or renal failure, which should be evaluated under the appropriate standards. If
surgery fails, or cannot be done, the patient may require long-term therapy, in
which case the permanent impairment may be classified under the following:
(A) Class
1: 5% when symptoms and signs are controlled with medical therapy.
(B) Class
2: 18% when there is persistent mild hypercalcemia, with mild nausea and polyuria.
(C) Class
3: 78% when there is severe hypercalcemia, with nausea and lethargy.
(b) Hypoparathyroidism
is a chronic condition of variable severity that requires long-term medical therapy
in most cases. The severity determines the degree of permanent impairment under
the following:
(A) Class
1: 3% when symptoms and signs controlled with medical therapy.
(B) Class
2: 15% when intermittent hypercalcemia or hypocalcemia, and more frequent symptoms
in spite of careful medical attention.
(4) Adrenal
cortex: Impairment of the adrenal cortex results in either hypoadrenalism or hyperadrenocorticism.
(a) Hypoadrenalism
is a lifelong condition that requires long-term replacement therapy with glucocorticoids
or mineralocorticoids for proven hormonal deficiencies. Impairments are rated as
follows:
(A) Class
1: 5% when symptoms and signs are controlled with medical therapy.
(B) Class
2: 33% when symptoms and signs are controlled inadequately, usually during the course
of acute illnesses.
(C) Class
3: 78% when severe symptoms of adrenal crisis during major illness, usually due
to severe glucocortocoid deficiency or sodium depletion.
(b) Hyperadrenocorticism
due to the chronic side effects of nonphysiologic doses of glucocorticoids (iatrogenic
Cushing’s syndrome) is related to dosage and duration of treatment and includes
osteoporosis, hypertension, diabetes mellitus and the effects involving catabolism
that result in protein myopathy, striae, and easy bruising. Permanent impairment
ranges from 5% to 78%, depending on the severity and chronicity of the disease process
for which the steroids are given. On the other hand, with diseases of the pituitary-adrenal
axis, impairment may be classified based on severity:
(A) Class
1: 5% when minimal, as with hyperadrenocorticism that is surgically correctable
by removal of a pituitary or adrenal adenoma.
(B) Class
2: 33% when moderate, as with bilateral hyperplasia that is treated with medical
therapy or adrenalectomy.
(C) Class
3: 78% when severe, as with aggressively metastasizing adrenal carcinoma.
(5) Adrenal
medulla: Impairment of the adrenal medulla results from pheochromocytoma and is
classified as follows:
(a) Class
1: 5% when the duration of hypertension has not led to cardiovascular disease and
a benign tumor can be removed surgically.
(b) Class
2: 33% when there is inoperable malignant pheochromocytomas, if signs and symptoms
of catecholoamine excess can be controlled with blocking agents.
(c) Class
3: 78% when there is wide metastatic malignant pheochromocytomas, in which symptoms
of catecholamine excess cannot be controlled.
(6) Pancreas:
Impairment of the pancreas results in either diabetes mellitus or in hypoglycemia.
(a) Diabetes
mellitus is rated under the following classes:
(A) Class
1: 3% when non-insulin dependent (Type II) diabetes mellitus can be controlled by
diet; there may or may not be evidence of diabetic microangiopathy, as indicated
by the presence of retinopathy or albuminuria greater than 30 mg/100 ml.
(B) Class
2: 8% when non-insulin dependent (Type II) diabetes mellitus; and satisfactory control
of the plasma glucose requires both a restricted diet and hypoglycemic medication,
either an oral agent or insulin. Evidence of microangiopathy, as indicated by retinopathy
or by albuminuria of greater than 30 mg/100 ml, may or may not be present.
(C) Class
3: 18% when insulin dependent (Type I) diabetes mellitus is present with or without
evidence of microangiopathy.
(D) Class
4: 33% when insulin dependent (Type I) diabetes mellitus, and hyperglycemic or hypoglycemic
episodes occur frequently in spite of conscientious efforts of both the patient
and the attending physician.
(b) Hypoglycemia
is rated under the following classes:
(A) Class
1: 0% when surgical removal of an islet-cell adenoma results in complete remission
of the symptoms and signs of hypoglycemia, and there are no post-operative sequelae.
(B) Class
2: 28% when signs and symptoms of hypoglycemia are present, with controlled diet
and medications and with effects on the performance of activities of daily living.
(7) Gonadal
hormones: A patient with anatomic loss or alteration of the gonads that results
in a loss or alteration in the ability to produce and regulate the gonadal hormones
receives a value of 3% impairment for unilateral loss or alteration and 5% for bilateral
loss or alteration. Loss of the cervix/uterus or penile sexual function is valued
under OAR 436-035-0420.
[ED. NOTE: Classes
referenced are available from the agency.]
Stat. Auth.:
ORS 656.726

Stats. Implemented:
ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD
2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89;
WCD 18-1990(Temp), f. 9-14-90, cert. ef. 10-1-90; WCD 2-1991, f. 3-26-91, cert.
ef. 4-1-91; WCD 2-2003, f. 1-15-03 cert. ef. 2-1-03; WCD 9-2004, f. 10-26-04, cert.
ef. 1-1-05; WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06; WCD 8-2012, f. 11-26-12, cert.
ef. 1-1-13
436-035-0440
Integument
and Lacrimal System
(1) If the worker
has developed an immunologic reaction to physical, chemical or biological agents,
impairment will also be valued under OAR 436-035-0450.
(2) Impairments
of the integumentary system may or may not show signs or symptoms of skin disorder
upon examination but are rated under the following classes:
(a) Class
1: 3% when with treatment, there is no limitation, or minimal limitation, in the
performance of work related activities, although exposure to certain physical or
chemical agents might increase limitation temporarily.
(b) Class
2: 15% when intermittent treatment is required and there is mild limitation in the
performance of some work related activities.
(c) Class
3: 38% when continuous treatment is required and there is moderate limitation in
the performance of many work related activities.
(d) Class
4: 68% when continuous treatment is required, which may include periodic confinement
at home or other domicile; and there is moderate to severe limitation in the performance
of many work related activities.
(e) Class
5: 90% when continuous treatment is required, which necessitates confinement at
home or other domicile; and there is severe limitation in the performance of work
related activities.
(3) If either
too little or too much tearing results in a worker’s being restricted from
regular work, and the condition is not an immunological reaction, a value is assigned
as follows:
(a) Class
1: 3% when the reaction is a nuisance but does not prevent most regular work-related
activities; or
(b) Class
2: 8% when the reaction prevents some regular work-related activities; or
(c) Class
3: 13% when the reaction prevents most regular work-related activities.
Stat. Auth.: ORS
656.726(4)

Stats. Implemented:
ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD
2-1988, f. 6-3-88, cert. ef. 7-1-88; WCD 7-1988, f. 12-21-88, cert. ef. 1-1-89;
WCD 18-1990(Temp), f. 9-14-90, cert. ef. 10-1-90; WCD 2-1991, f. 3-26-91, cert.
ef. 4-1-91; WCD 6-1992, f. 2-14-92, cert. ef. 3-13-92; WCD 2-2003, f. 1-15-03 cert.
ef. 2-1-03; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 8-2012, f. 11-26-12,
cert. ef. 1-1-13
436-035-0450
Immune System
(1) When exposure
to physical, chemical, or biological agents has resulted in the development of an
immunological response, impairment of the immune system is valued as follows:
(a) Class
1: 3% when the reaction is a nuisance but does not prevent most regular work related
activities.
(b) Class
2: 8% when the reaction prevents some regular work related activities.
(c) Class
3: 13% when the reaction prevents most regular work related activities.
(2) An allergy
is considered to be an immunologic state and is ratable under this rule.
Stat. Auth.: ORS
656.726(4)

Stats. Implemented:
ORS 656.005, 656.214, 656.268 & 656.726

Hist.: WCD
2-1991, f. 3-26-91, cert. ef. 4-1-91; WCD 6-1992, f. 2-14-92, cert. ef. 3-13-92;
WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 2-2010, f. 5-5-10, cert. ef. 6-1-10;
WCD 8-2012, f. 11-26-12, cert. ef. 1-1-13
436-035-0500
Rating Standard
for Individual Claims
(1) This rule applies
to the rating of permanent disability under ORS chapter 656 in individual cases
under ORS 656.726(4)(f) which requires the director to determine the rating standard
in cases where the director finds that the worker’s impairment is not addressed
in the disability standards.
(2) Rating
standards determined under ORS 656.726(4)(f) will be written into the director’s
order on reconsideration and will apply solely to the rating of that claim.
Stat. Auth.: ORS
656.726(4)

Stats. Implemented:
ORS 656.005, 656.214, 656.268, 656.726 & 2007 OL Ch. 270 § 7

Hist.: WCD
16-1992(Temp), Case #A58-7576 & Case #D60-5352, f. & ef. 12-31-92 - 6-29-93;
WCD 2-1993(Temp), Case #A58-2159, B59-4533, E61-4228, & I59-2031, f. & ef.
4-28-93 - 10-25-93; WCD 4-1993, f. & cert. ef. 6-29-93; WCD 5-1993(Temp), Case
#I64-3064, f. & cert. ef. 9-2-93 - 3-2-94; WCD 6-1993(Temp), Case #I64-3064,
f. & cert. ef. 10-22-93 - 4-19-94; WCD 4-1994(Temp), f. & cert. ef. 5-26-94;
WCD 6-1994(Temp), f. & cert. ef. 7-15-94; WCD 8-1994(Temp), f. & cert. ef.
8-31-94; WCD 11-1994(Temp), f. & cert. ef. 11-10-94; WCD 1-1995(Temp), f. &
cert. ef. 1-26-95; WCD 2-1995(Temp), f. & cert. ef. 3-2-95; WCD 3-1995(Temp),
f. & cert. ef. 4-13-95; WCD 4-1995(Temp), f. & cert. ef. 5-31-95; WCD 5-1995(Temp),
f. & cert. ef. 7-11-95; WCD 14-1995(Temp), f. & cert. ef. 10-5-95; WCD 16-1995(Temp),
f. & cert. ef. 11-2-95; WCD 19-1995(Temp), f. & cert. ef. 12-7-95; WCD 4-1996(Temp),
f. & cert. ef. 2-1-96; WCD 11-1996(Temp), f. & cert. ef. 3-20-96; WCD 15-1996(Temp),
f. & cert. ef. 7-3-96, WCD 18-1996, f. 8-6-96, cert. ef. 8-7-96; WCD 22-1996(Temp),
f. & cert. ef. 10-31-96; WCD 1-1997, f. 1-9-97, cert. ef. 2-15-97; WCD 2-1997(Temp),
f. & cert. ef. 1-15-97; WCD 3-1997(Temp), f. 3-12-97, cert. ef. 3-13-97; WCD
6-1997(Temp), f. & cert. ef. 5-14-97; WCD 12-1997(Temp), f. & cert. ef.
9-9-97; WCD 4-1998(Temp), f. & cert. ef. 3-31-98 thru 9-26-98; WCD 7-1998(Temp),
f. 7-13-98, cert. ef. 7-15-98 thru 1-11-99; WCD 9-1998(Temp), f. & cert. ef.
10-15-98 thru 4-12-99; WCD 1-1999(Temp), f. 1-12-99, cert. ef. 1-15-99 thru 7-13-99;
WCD 5-1999(Temp), f. & cert. ef. 4-15-99 thru 10-12-99; WCD 10-1999(Temp), f.
& cert. ef. 7-15-99 thru 1-10-2000; WCD 12-1999(Temp), f. 10-14-99, cert. ef.
10-15-99 thru 4-12-00; WCD 1-2000(Temp), f. 1-12-00, cert. ef. 1-14-00 thru 7-12-00;
WCD 5-2000(Temp), f. 4-13-00, cert. ef. 4-14-00 thru 10-10-00; WCD 7-2000(Temp),
f. 7-14-00, cert. ef. 7-14-00 thru 1-9-01; WCD 8-2000(Temp), f. & cert. ef.
10-13-00 thru 4-10-01; WCD 1-2001(Temp), f. & cert. ef. 1-12-01 thru 7-10-01;
WCD 3-2001(Temp) f. & cert. ef. 4-13-01 thru 10-9-01; WCD 6-2001(Temp), f. &
cert. ef. 7-13-01 thru 1-8-02; WCD 9-2001(Temp), f. & cert. ef. 10-12-01 thru
4-9-02; WCD 1-2002(Temp), f. & cert. ef. 1-15-02 thru 7-13-02; WCD 5-2002(Temp),
f. 4-12-02, cert. ef. 4-15-02 thru 10-11-02; WCD 8-2002(Temp), f. 7-12-02 cert.
ef. 7-15-02 thru 1-10-03; WCD 11-2002(Temp), f. 10-11-02, cert. ef. 10-15-02 thru
4-12-03; WCD 1-2003(Temp), f. & cert. ef. 1-15-03 thru 7-13-03; WCD 2-2003,
f. 1-15-03 cert. ef. 2-1-03; WCD 4-2003(Temp), f. 4-14-03, cert. ef. 4-15-03 thru
10-11-03; WCD 7-2003(Temp), f. & cert. ef. 7-15-03 thru 1-10-04; WCD 1-2004(Temp),
f. & cert. ef. 1-21-04 thru 7-18-04; WCD 5-2004(Temp), f & cert. ef. 4-19-04
thru 10-15-04; WCD 7-2004(Temp), f. & cert. ef. 7-15-04 thru 1-10-05; WCD 9-2004,
f. 10-26-04, cert. ef. 1-1-05; WCD 3-2005(Temp), f. & cert. ef. 5-13-05 thru
11-8-05; Administrative correction 11-18-05; WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06;
WCD 6-2006(Temp), f. & cert. ef. 7-17-06 thru 1-12-07; Administrative correction
1-16-07; WCD 5-2007(Temp), f. & cert. ef. 6-27-07 thru 12-23-07; WCD 6-2007(Temp),
f. & cert. ef. 10-29-07 thru 4-25-08; WCD 10-2007, f. 11-1-07, cert. ef. 1-1-08;
WCD 13-2007(Temp), f. & cert. ef. 12-28-07 thru 6-24-08; Administrative correction
7-22-08; WCD 8-2012, f. 11-26-12, cert. ef. 1-1-13

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