Author: David White
Oregon Board finds “going and coming” rule does not apply to worker crossing street to retrieve work clothes from her vehicle
A recent Oregon Workers’ Compensation Board case, In re Cambria Souza, 76 Van Natta 130 (2024), found a workers’ injury compensable where they were hurt crossing a public street to retrieve work clothing from their car. Cambria involved an Oregon restaurant server who parker her car in a public lot…
New Law Restricting “No-Rehire Provisions” In Oregon Workers’ Compensation Settlement’s Takes Effect
On July 27, 2023 Oregon Governor Tina Kotek signed HB 3471 into law. The bill places restrictions on when a “no-rehire” provision can be included in a workers’ compensation settlement: HB 3471 restricts “no-rehire provision” HB 3471 prohibits employers from requiring a “no-rehire provision” as a part of workers’ compensation…
Washington Legislature Considers Bills to Drastically Increase Penalties and Impose Standard of Care on Self Insured Employer’s/TPAs
As part of the current session, the Washington State legislature is considering bills in the House and Senate which impose a duty of good faith and fair dealing on self-insured employer and their administrators. Both bills include unprecedented penalties for violations of the duty they create. HB 1521 Amends to…
Oregon OSHA Adopts Permanent Rules to Protect Workers From Extreme Heat and Wildfire Smoke
Effective June 15, 2022 and July 1, 2022 Oregon OSHA’s new rules addressing the prevention of heat related illness and wildfire smoke exposure, respectively. Oregon OSHA’s Heat Rules The new rules regarding heat exposure apply when workers are exposed to a heat index of 80 degrees Fahrenheit or more for…
New L&I Rules Regarding IMEs Take Effect April 23, 2022
Starting April 23, 2022 the Washington Department of Labor & Industries will be implementing new rules regarding IME notices and what constitutes a “case progress examination.” The rules also create a process for a worker to dispute whether they should be required to attend an IME. Under the new rules…
Washington Court of Appeals Issues Decision Restricting Type of Evidence to Rebut Firefighters’ Presumption
In a recently published decision, Bradley v. City of Olympia, the Washington Court of Appeals clarified the type of evidence an employer or the Department should present to rebut the presumption a firefighter’s cancer is work-related. RCW 51.32.185 establishes a rebuttable presumption for firefighters that cancer is an occupational disease….
Oregon OSHA Adopts Temporary Rules Protecting Workers From Extreme Heat
Effective July 8, 2021, Oregon OSHA adopted temporary rules addressing the prevention of heat related illness. The rules follow an unprecedented heatwave throughout the State at the end of June, which resulted in the death of at least 116 people. They will remain in effect for the next six months…
The Pacific Northwest Worker: Subjectivity of the Traveling Employee
Given their proximity to each other, workers’ in Oregon and Washington often find themselves traveling to/from both states as part of their jobs. Both Oregon and Washington have laws exempting workers temporarily within their borders from their respective workers’ compensation laws. Each state also provides coverage to its workers who…
Oregon Court of Appeals Expands on Supreme Court’s Holding in Caren in Robinette v. SAIF
Last year, in Caren v. Providence Health System Oregon the Oregon Supreme Court held that without a preclosure combined condition denial employers must pay the full measure of impairment stemming from a combined condition where the work injury was a material contributing cause of the impairment as a whole. In…
Washington State Announces 2020 COLA Increase; Affects Temporary Disability Payments Starting July 1st
Under RCW 51.32.075 temporary disability benefits are recalculated July 1st of each year to reflect changes in the states average wage. According to the Washington State Employment Security Department, the statewide average wage for 2019 was $69,700. This represents a 6.7% increase from 2018 average wage of $65,301; the largest…
Sather Byerly & Holloway, LLP is excited to announce its Workers’ Compensation Online Certification Program for claims examiners, employers, insurance brokers, and medical providers or anyone else interested in learning more about Oregon’s workers’ compensation system. The course includes eight online modules where students will learn about several key issues,…
Changes to Oregon rules regarding Employer/Insurer Coverage Responsibility effective as of January 1, 2017
OAR 436-050 governs the responsibility of employers and insurers to provide workers’ compensation coverage to subject workers for compensable injuries and illnesses. Many changes to an employer/insurers coverage responsibility went into effect at the start of the New Year. Some of these changes were stylistic and meant to provide improved…
Workers’ Compensation Board confirms permanent impairment is awarded based on accepted conditions or their direct medical sequelae; distinguishes recent Court of Appeals case.
The Workers’ Compensation Board recently ruled that permanent impairment awarded based on the accepted conditions and their direct medical sequelae. See William Snyder, 68 Van Natta 199 (2016). Although Board’s ruling is nothing new, Snyder is significant given a footnote in the recent Court of Appeals case Magana-Marquez v. SAIF,…
