COVID-19 Legal Update: Oregon

Workers' Compensation Administrative board/ commission

How does the state define an occupational disease?

656.802 Occupational disease; mental disorder; presumptions as to stress disorders; proof. (1)(a) As used in this chapter, “occupational disease” means any disease or infection arising out of and in the course of employment caused by substances or activities to which an employee is not ordinarily subjected or exposed other than during a period of regular actual employment therein, and which requires medical services or results in disability or death, including:
(A) Any disease or infection caused by ingestion of, absorption of, inhalation of or contact with dust, fumes, vapors, gases, radiation or other substances.

COVid-19 Specific Laws, agency declarations/ press releases, or enacted regulation?

WCD Guidance on Submitting Documentation during COVID-19 Pandemic
March 17, 2020

WCD Guidance on Claim Processing during COVID-19 Pandemic
March 25, 2020

WCD Issues Temporary Changes to the Medical Fee & Payment Rules
March 25, 2020

DFR Bulletin to Employers & Insurers on Rerating Business Due to COVID-19
April 10, 2020

DFR Bulletin to Employers & Insurers on Payments to Employees Who are Furloughed Due to COVID-19
April 10, 2020

WCD Guidance to Self-Insured Employers Paying Employees Who are Furloughed Due to COVID-19
April 14, 2020

WCD Notice of Temporary Changes to Workers' Compensation Rules
May 28, 2020

WCD Bulletin on Self-Insured Base Rates and Choice of Method Used for Determination of Premium Assessment
May 28, 2020

WCD Notice of Suspension of Temporary Changes to Workers' Compensation Rules
June 18, 2020

WCD Rule Amendments on Permanent Changes to Telehealth
Aug. 28, 2020

WCD Temporary Rule to Promote Appropriate & Consistent Processing of COVID-19 Claims
Sept. 30, 2020

WCD Industry Notice on COVID-19 Claims and Workers' Compensation Informational Flyer
Nov. 12, 2020

Court Closures & Modified Call

COVID-19 Process Update

Is the administrative court system closed or open?

Open - closed to the public.

Does this state have a shelter-in-place in order?

Yes - order started 3/23/2020 until further notice; phased re-opening began 5/15/20.

ANY STATE-SPECIFIC GUIDANCE ON DISABILITY, UNEMPLOYMENT, OR HEALTH BENEFITS FOR COVID-19?

Unemployment.

Last Updated: 2/1/2021

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This document compiles certain state laws and websites relevant to the COVID-19 pandemic. State guidance and other government instruction have changed frequently. We thus may update this document over time.

Please do not hesitate to contact your account manager, resolution manager, or your other preferred contact at Gallagher Bassett with any questions.

Although we have gathered information relevant to COVID-19 and its impact on workers' compensation claims and your businesses, this is not legal advice, it does not include all pertinent information, nor should it be the basis for legal, claim, benefit, safety, or human resource-related decisions. If you would like guidance on legal issues arising from COVID-19, including whether a COVID-19 related claim is compensable under a specific state’s laws, please seek advice from legal counsel with expertise in the relevant subject areas and state laws. For Gallagher Bassett clients, if you have reported a workers’ compensation claim, then your resolution manager can assist.

A Further Note on the Statutes, Definitions, Cases, and Websites Cited in this Document. State law controls if a worker is entitled or not entitled to workers’ compensation benefits. Each state can approach this question differently, and the relevant statutes, standards of proof, regulating agencies, court precedent, and other aspects of a workers’ compensation claim vary between jurisdictions. As a general principle, state workers’ compensation laws provide medical and wage loss benefits to workers who suffer bodily injury due to an accident, or bodily injury due to an occupational disease. The relevant bodily injury must arise out of and occur in the course of employment. This document primarily compiles state definitions of “occupational disease.” With respect to diseases for which the employee may be entitled to workers’ compensation benefits, the disease typically must arise from particular conditions of employment that make contracting the disease more likely than in the general population, or otherwise there must be a sufficient connection between a disease and workplace. Please consult the relevant state’s workers’ compensation act for the specific language applicable to an “occupational disease” claim.