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OR DWC Posts How-To Determine What Is "Gainful Occupation" For PTD Evaluations
27 Jan, 2011 WorkersCompensation.com
Portland, OR (CompNewsNetwork) - This bulletin provides examples of “gainful occupation” to be used to determine eligibility for PTD benefits for claims that close on or after Jan. 1, 2006. This bulletin also updates the annual percentage of change in the federal poverty guidelines for a family of three that apply to Oregon residents. This bulletin replaces Bulletin No. 342 dated Aug. 18, 2010.
The 2005 Oregon Legislature changed how PTD benefits are to be determined by providing a new earnings threshold for what qualifies as “gainful occupation.” Starting Jan. 1, 2006, the worker's adjusted average weekly wage and the federal poverty guidelines that apply to Oregon residents for a family of three became key factors in determining whether a worker is or remains permanently and totally disabled.
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