Department of Consumer and Business Services
Workers' Compensation Division - Chapter 436
Division 75
RETROACTIVE PROGRAM
436-075-0005
Definitions
Unless a term is specifically defined elsewhere in these rules or the context otherwise requires, the definitions of ORS chapter 656 are hereby incorporated by reference and made a part of these rules. For the purposes of these rules, unless the context requires otherwise:
(1) “Child” is as defined in ORS chapter 656 applicable at the worker’s date of injury.
(2) “Department” means the Department of Consumer and Business Services.
(3) “Director” means the director of the Department of Consumer and Business Services or the director’s designee.
(4) “Insurer” means the State Accident Insurance Fund Corporation, an insurer authorized under ORS Chapter 731 to transact workers’ compensation insurance in this state, or an employer or employer group that has been certified as self-insured under ORS 656.430.
(5) “Mailed” or “mailing date,” unless otherwise specified, means:
(a) The date a document is postmarked;
(b) The date automatically produced by electronic transmission (e.g., email or facsimile);
(c) The date a hand-delivered document is stamped or punched in by the recipient; or
(d) The date of a phone, or in-person request, when allowed under these rules.
(6) “Retroactive Program benefit” means the additional amount paid to an eligible worker or beneficiary when benefit levels are lower than what is currently paid for like injuries.
(7) “Spouse” includes cohabitants under ORS 656.226.
(8) “Statutory benefit” means any benefit payable to or on behalf of the injured worker under the law in effect at the time of the worker’s injury, as modified by marital and dependency status changes.
Statutory/Other Authority: ORS 656.726(4)
Statutes/Other Implemented: ORS 656.005 & ORS 656.726(4)
History:
WCD 6-2017, amend filed 12/14/2017, effective 01/01/2018
WCD 7-2015, f. 10-12-15, cert. ef. 1-1-16
WCD 14-1997, f. 12-4-97, cert. ef. 1-1-98
WCD 23-1990, f. 11-29-90, cert. ef. 12-26-90
WCD 10-1990(Temp), f. 6-18-90, cert. ef. 7-1-90
WCD 4-1989, f. 12-22-89, cert. ef. 1-1-90