Hayden v. Workers' Compensation Department

Plaintiffs are injured workers who receive permanent total disability (PTD) workers’ compensation benefits and Social Security disability benefits. Defendants are the Workers’ Compensation Department and the director of its Compliance Division. In August, 1983, pursuant to ORS 656.209, 1 defendants authorized employers and insurers responsible for plaintiffs’ PTD benefits to offset their federal disability payments from their workers’ compensation benefits to a greater extent than had previously been authorized. 2 The department also promulgated temporary rules, OAR 436-57-001 to 436-57-998,…