Oregon Permanent Disability Awards Decline 57%

Falls and highway accidents caused the most permanent total disabilities in Oregon in 2009, according to a new report by the Department of Consumer and Business Services.

In its report, “Permanent Total Disabilities in the Oregon Workers’ Compensation System, 2009,” DCBS noted that PTD awards have been decreasing since 1988, with disabling claims falling by 57 percent from 1988 to 2009, and net PTD grants falling by 93 percent. In 2009, workers received 13 permanent total disability grants.

Insurers made 10 of the awards, eight of which were original claim closures. The other grants were by DCBS consideration. For the reconsiderations, the prior closure awards averaged about 46 percent impairment and 67 percent work disability.

The primary reasons for the decrease of PTD awards include fewer injuries and disabling claims; less-severe injuries with less impairment; law changes in 1987 that changed disability standards and changes the court review standard to “substantial evidence;” law changes in 1998 that required reconsideration of claim closures and eliminated “clear and convincing evidence” as a reason to exceed the disability standards and medical arbiters for impairment disputes; and law changes in 1995 that limited evidence and issues after reconsideration and defined “gainful occupation.”