Author: Elyse Waters
ICYMI: Washington workers’ compensation COLA increase goes into effect as of 7/1/2025
It’s that time of year again: COLA increase! Every year, the Department recalculates benefits to reflect the annual changes in the state’s average wage as determined by the Washington State Employment Security Department. As of July 1, 2025, the COLA increase of 6.8 % went into effect, raising the maximum…
OREGON: “Exclusive Remedy” win for employers/administrators/insurers at Oregon Court of Appeals
On April 10, 2024, the Oregon Court of Appeals issued a ruling reiterating the importance of the exclusive remedy clause under ORS 656.018. The case, Pierce v. Best Western Int., was litigated by Rebecca Watkins of SBH Legal. ORS 656.018 is the “exclusive remedy” clause for workers’ compensation claims in…
The Oregon Legislature has been busy this year!
You have probably heard about House Bill 3471 which changed the way defense counsel and adjusters settle workers’ compensation claims, specifically with regard to employment releases. But the legislature has been working on other changes in the law that specifically affect workers’ compensation. House Bill 3412 is one of those…
Climate change shapes the Department’s proposed rule changes for outdoor heat exposure safety in Washington
Summer is right around the corner and every year, outdoor temperatures are rising due to climate change. Before the first heat wave sets in, now is a great time to remind Washington employers of the current outdoor heat exposure rules and review the Department’s recently proposed changes for these rules….
Securing Claim Closure in Washington
So you want to close a claim or secure settlement of a claim but the worker isn’t old enough for a claim resolution settlement agreement (CRSA)…what do you do? SBH might have the answer for you! There’s a new department coversheet for stipulated claim closures available on the Department’s website…
Oregon WCD Issues Proposed Draft Rules for Dancingbear
Last October, SBH attorney Anna McFaul wrote a blog covering the Dancingbear v. SAIF decision issued by the Oregon Court of Appeals. As you likely recall, the Court of Appeals ultimately determined that a worker’s attorney can be awarded an assessed fee under ORS 656.383(1) when that attorney obtains additional…
Take Note: Potential Implications for Oregon COVID Claims?
The Court of Appeals recently issued an opinion in Rogers v. Corvel Enterprise Comp. Inc., 317 Or App 116 (2022) that could have negative implications for self-insured employers, insurers, and third-party administrators in investigating and evaluating COVID claims. In February 2019, claimant (who was a bus driver for Tri-Met) became…
Status of In-Person Hearings in Oregon
As we wrap up the 18th month of the COVID-19 pandemic, what does the future hold for Oregon workers’ compensation in-person hearings? The Board remains closed to the public; this includes all hearing locations. The Board recently issued a notice indicating that “reopening” to the public will not take place…
Unreasonable Claim Closure in Oregon: Why Chronic Condition Impairment Matters
The time has come to close your claim. Your claim closure checklist likely has a section for “chronic condition” impairment but how can you be confident you’re correctly addressing the issue with the attending physician or closing examiner? Pursuant to OAR 436-035-0019, a worker is entitled to a chronic condition…
Oregon’s 2021 Legislative Session has Started: SBH’s Watchlist
The Oregon State legislative session for 2021 is underway and we have seen several bills introduced in the House and the Senate that will be interesting to watch as they make their way through the legislature. SB 488 This bill proposes amending the statutory definition of occupational disease/occupational injury to…
As the COVID pandemic continues, where does the Oregon Workers’ Compensation Division stand on telemedicine?
In March 2020, the Division set out temporary rules to address fees related to telemedicine appointments following Governor Brown’s “Stay at Home Order.” The temporary rules increased the amount of fees that would be paid to medical providers for telemedicine visits so that providers would be able to serve more…
In the midst of COVID-19 pandemic, Oregon Court of Appeals issues troubling ruling for processing new/omitted condition claims
The Oregon Court of Appeals issued its decision in Coleman v. SAIF, 304 Or App 122 (2020) on May 13, 2020. Claimant filed a claim for a left knee injury on June 12, 2015. On June 29, 2015, claimant and his attending physician submitted an 827 form for a new/omitted…
