Or. Admin. Code § 436-060-0019 - Determining and Paying the Three Day Waiting Period
(1) Determining the three-day waiting period.
The three-day waiting period is three consecutive calendar days, beginning with
the first day the worker leaves work or loses wages as a result of the
compensable injury, subject to the following:
(a) If the worker leaves work, but returns
and completes the work shift without loss of wages , that day is not considered
to be the first day of the three-day waiting period;
(b) If the worker leaves work, but returns
and completes the work shift and receives reduced wages , that day is considered
to be the first day of the three-day waiting period;
(c) If the worker leaves work and does not
complete the work shift, that day is considered to be the first day of the
three-day waiting period, even if there is no loss of wages ;
(d) If the worker leaves work or loses wages
during a work shift that extends into another calendar day, the first day of
the three-day waiting period is the date the employer uses for payroll
purposes.
(2)
Authorization of temporary disability. Authorization of temporary disability
under OAR 436-010-0210 is not required to
begin the three-day waiting period.
(3) Paying the three-day waiting period. No
temporary disability compensation is due the worker for the three-day waiting
period, unless temporary disability is authorized under OAR
436-010-0210, and:
(a) The worker is totally disabled after the
injury, and the total disability continues for a period of 14 consecutive days;
or
(b) The worker is admitted as
an inpatient to a hospital within 14 days of the first onset of total
disability.
(4) Amount
due when the three-day waiting period is payable. If compensation is due and
payable for the three-day waiting period under section (3) of this rule:
(a) If the worker left work during the first
half of the shift on the first day of the three-day waiting period, and did not
return to complete the shift, the worker must be paid compensation for one half
of that day; or
(b) If the worker
left work during the second half of the shift on the first day of the three-day
waiting period, the worker is not due compensation for that day;
(5) If the worker is employed with
varying days off or a cyclic work schedule. If a worker is employed with
varying days off or a cyclic work schedule, the three-day waiting period must
be determined using the work schedule of the week the worker first leaves work
or loses wages as a result of the injury.
(6) If the worker is no longer employed with
the employer at injury. If the worker is no longer employed with the employer
at injury, or does not have an established schedule when the worker leaves work
or loses wages , the three-day waiting period and scheduled days off must be
based on the work schedule of the week the worker was injured.
Notes
Stat. Auth.: ORS 656.210, 656.212, 656.726(4)
Stats. Implemented: ORS 656.210 & 656.212
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