Author: Andrew Evenson

May 18, 2021
by Andrew Evenson

The Future of Live Hearings in Oregon Workers’ Compensation

Last September, I wrote about the Oregon Workers’ Compensation Board’s (WCB) announcement of its upcoming utilization of Zoom for Government to facilitate administrative hearings and…

January 13, 2021
by Andrew Evenson

As COVID-19 cases continue to surge, keep in mind OAR 436-060-0141 requirements before issuing a denial

As COVID-19 cases continue to surge in Oregon, it is reasonable to anticipate a corresponding surge in workers’ compensation claims related to confirmed COVID-19 cases…

September 16, 2020
by Andrew Evenson

Oregon Workers’ Compensation Board now administering hearings and mediations via “Zoom” platform

Since April, under Governor Brown’s “Stay home, Save lives” Executive Orders, the Workers’ Compensation Board (WCB) hearings divisions have not administered any in-person hearings or…

May 20, 2020
by Andrew Evenson

Oregon Employee Injured While Working from Home? Best Practices to Determine Compensability

With the onset of COVID-19 and statewide stay-at-home orders, a high percentage of today’s workforce is operating from home, or in some variation of remote…

June 6, 2019
by Andrew Evenson

Oregon Supreme Court rules that medical services for conditions caused in material part by the work injury incident, not just accepted conditions, are compensable

In a much-awaited decision, the Oregon Supreme Court recently ruled in Garcia-Solis v. Farmers Ins. Co., 365 Or 26 (2019) that medical services for conditions…

September 15, 2017
by Andrew Evenson

Oregon Workers’ Compensation Division announces new administrative rules in response to Brown v. SAIF

On March 30, 2017, the Oregon Supreme Court issued a much-awaited decision in Brown v. SAIF Corporation, 361 Or 241 (2017), ruling that the term…

March 31, 2017
by Andrew Evenson

What can Brown do for you? In a long-awaited decision, the Oregon Supreme Court reverses Brown v. SAIF

It has been almost three years since the Oregon Court of Appeals issued its decision in Brown v. SAIF, 262 Or App 640 (2014), finding…

October 21, 2016
by Andrew Evenson

“Good cause” for untimely injury filing does not require medical evidence

Under ORS 656.265, notice of an accident resulting in an injury must be given immediately by the worker, but not later than 90 days after…

June 24, 2016
by Andrew Evenson

When is an injury sustained in an employer-controlled parking lot NOT compensable?

As a general rule, injuries sustained by employees when going to and coming from their regular workplace are not deemed to arise out of and…

December 3, 2015
by Andrew Evenson

Portland passes new “ban the box” ordinance

Last month, the Portland City Council unanimously approved a more stringent “ban the box” ordinance than its State counterpart. The Portland ordinance is designed to…

October 21, 2015
by Andrew Evenson

2015 Legislative Update: Changes in Oregon Workers’ Compensation

A couple of weeks ago, I presented a legislative update related to Oregon employment law and what effects new legislation has on your employment policy…

October 2, 2015
by Andrew Evenson

2015 Legislative Update: What’s New for Oregon Employers

The 2015 Oregon State Legislative session included the passage of several bills affecting Oregon employers, employees, and the relationship they share.  Most relevant to Oregon…

June 29, 2015
by Andrew Evenson

Up in smoke? What Measure 91 means for your Employment Policy

On July 1, 2015, Measure 91 goes into effect in Oregon, signifying recreational marijuana’s legality statewide.  Of course, its “legality” comes with several limitations.  Measure…