Author: Anna McFaul
Oregon Workers’ Compensation Rules change attorney fee caps in settlement and changes to mandatory denial language.
Previously, OAR 438-015-0050(1) and OAR 438-015-0052(1) allowed a workers’ attorney to receive up to 25% of the first $50,000 of DCS and CDA proceeds and…
What evidence is necessary to support a ceases denial in Oregon?
ORS 656.262(6)(c) authorizes an administrator to deny an accepted combined condition if the compensable injury ceases to be the major contributing cause of the combined…
Where should Oregon Claim Disputes be Decided?
When Oregon workers’ compensation claim disputes arise, it is important to assess whether the dispute should be heard by the Oregon Workers’ Compensation Division or…
What information should be considered when assessing compensability of an Oregon stress claim?
When confronted with a stress claim, it is important to assess all relevant aspects of employment factors, excluded factors, and nonwork related factors in determining…
Who is the attending provider? New Oregon Court of Appeals case provides some insight.
In Oregon, when a worker is treating with multiple providers it can be difficult to identify the attending provider is for purposes of claim closure….
Is an Off-Premises Exercise Injury Compensable When Participating in an Employer Wellness Program?
In the recent Watt case, the Oregon Court of Appeals considered compensability of a claim where the worker was exercising off premises as part of…
Oregon Court of Appeals Allows Assessed Fee When Order on Reconsideration Awards Additional Temporary Disability
In the recent Dancingbear case, the Court of Appeals awarded an assessed attorney fee when additional temporary disability benefits were obtained through the reconsideration process….
Is an injury in a parking lot compensable in Oregon?
A work injury is compensable if the injury is “arising out of” and “in the course of” employment. ORS 656.005(7)(a). The “going and coming rule”…
