The Oregon Division of Workers’ Compensation announced Wednesday that it has adopted rules impacting benefit both calculations for workers who earn irregular wages and the standards of eligibility for vocational rehabilitation benefits.

The adopted amendments to Oregon Administrative Rule Chapter 436, Division 60 updates the definition of irregular wages, such as commissions and tips.

The revised rule changes the method for determining the average weekly wage, affecting mostly workers who experience an increase and decrease in the rate of pay during the 52 weeks before the date of injury or verification of a disability caused by an occupational disease.

Under the revised rule, when there has been a change in the pay rate within one year of the date of injury, the average weekly hours worked at each pay rate must be multiplied by the pay rate at the time of injury to calculate the worker’s average weekly wage. Payers must exclude any gaps in earnings of more than 14 consecutive days from the wage calculation.

The changes to OAR 436, Division 120 make several adjustments to the vocational rehabilitation program. One change requires insurers to make a reasonable calculation of a workers’ average weekly wage even if the worker cannot provide documentation. Another revision establishes a process for calculating the average weekly wage for workers who held more than one job at the time of injury.

The rule changes take effect on Aug. 1.