SB 1519 — Relating to total disability.

83rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session A-EngrossedEnrolled Senate Bill 1519 Ordered by the Senate February 12 Including Senate Amendments dated February 12 Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformanceconform- ance with pre-presession session filing rules, indicating neither advocacy nor opposition on the part of the President (at the request of Senate Interim Committee on Labor and Business) SUMMARYCHAPTER The................................................. following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly.

ItAN isACT anRelating editor’sto brieftotal statementdisability; of the essential features of the measure.

The statement includes a measure digest written in compliance with applicable readability standards.

Digest:

The Act would change how total disability comp is set.

(Flesch Readability Score:

69.7).

[Digest:

The Act would pay a temp total disability comp claim based on the part of weekly pay that is at or below, or more than, 75% of the average weekly wage for the state.

(Flesch Readability Score:

60.3).] [Provides that the percentage of a worker’s wage paid as compensation during a period of tempo- rary total disability shall be determined by the portion of the worker’s wage that is less than or equal to, or greater than, 75 percent of the state average weekly wage.] Changes the formula for determining permanent and temporary total disability compen- sation.

A BILL FOR AN ACT Relating to total disability;

(2)(a) For the purpose of this section, the weekly wage of workers shall be [ascertained] calcu- NOTE:lated:

Matter in boldfaced type in an amended section is new;

matter [italic and bracketed] is existing law to be omitted.

New sections are in boldfaced type.

LC 178 A-Eng.

SB 1519 lated:

and Enrolled Senate Bill 1519 (SB 1519-A) Page 1 (B) Within 60 days of the date of mailing a request for verification, verifiable documentation of wages from such additional employment.

(4) When an injured worker with an accepted disabling compensable injury is required to leave work to receive compensable medical services for the compensable injury, the worker shall receive temporary disability benefits calculated pursuant to ORS 656.212 for the period during which the [2]worker A-Eng.is absent, until such time as the worker is determined to be medically stationary.

SB 1519 worker is absent, until such time as the worker is determined to be medically stationary.

(b) If the insurer or self-insured employer elects not to pay the supplemental temporary disabil- ity benefits for a worker employed in more than one job at the time of injury, the director shall ei-Enrolled therSenate Bill 1519 (SB 1519-A) Page 2 either administer and pay the supplemental benefits directly or shall assign responsibility to administerad- minister and process the payment to a paying agent selected by the director.

[(2) If permanent total disability results from a worker’s injury, the worker shall receive during the [3]period A-Eng.of that disability compensation benefits equal to 66-2/3 percent of wages, no more than 133 per- cent of the average weekly wage or no less than 33 percent of the average weekly wage.] (2) During the period of permanent total disability that results from a worker’s injury, the worker shall receive compensation equal to:

SB 1519 period of that disability compensation benefits equal to 66-2/3 percent of wages, no more than 133 per- cent of the average weekly wage or no less than 33 percent of the average weekly wage.] (2) During the period of permanent total disability that results from a worker’s injury, the worker shall receive compensation equal to:

Reexamination must Enrolled Senate Bill 1519 (SB 1519-A) Page 3 include such medical examinations, vocational evaluations, reports and other records as the insurer considers necessary or the director may require.

(b) An insurer or self-insured employer must establish that the condition of a worker who is receiving permanent total disability benefits has materially improved by a preponderance of the ev- [4]idence A-Eng.presented at hearing.

SB 1519 idence presented at hearing.

(10) When a worker eligible for benefits under this section returns to work, if the combined total of the worker’s post-injury wages plus permanent total disability benefit exceeds the worker’s wage Enrolled Senate Bill 1519 (SB 1519-A) Page 4 at the time of injury, the worker’s permanent total disability benefit must be reduced by the amount the worker’s wages plus statutory permanent total disability benefit exceeds the worker’s wage at injury.

(B) Not employed continuously for the 52 weeks prior to the date of injury, but who were em- ployed for at least four weeks prior to the date of injury, is an occupation that provides weekly wages that are the lesser of the most recent federal poverty guidelines for a family of three that are applicable to Oregon residents and that are published annually in the Federal Register by the United States Department of Health and Human Services or 66-2/3 percent of the worker’s average [5]weekly A-Eng.wage from all employment for the 52 weeks prior to the date of injury based on weeks of actual employment, excluding any extended periods of unemployment.

SB 1519 weekly wage from all employment for the 52 weeks prior to the date of injury based on weeks of actual employment, excluding any extended periods of unemployment.

[6]Enrolled Senate Bill 1519 (SB 1519-A) Page 5 Passed by Senate February 27, 2026 Received by Governor:

........................M.,........................................................., 2026 ..................................................................................

Obadiah Rutledge, Secretary of Senate Approved:

........................M.,........................................................., 2026 ..................................................................................

Rob Wagner, President of Senate ..................................................................................

Tina Kotek, Governor Passed by House March 3, 2026 Filed in Office of Secretary of State:

........................M.,........................................................., 2026 ..................................................................................

Julie Fahey, Speaker of House ..................................................................................

Tobias Read, Secretary of State Enrolled Senate Bill 1519 (SB 1519-A) Page 6