Author: Kara Cogswell Kidder
Voluntary Retirement as a Basis to End Time Loss in Washington
Under Washington law, after a worker removes themselves from the labor market by voluntarily retiring, time-loss benefits are not payable. WAC 296-14-100. However, even in claims where the individual is of retirement age and indicates no intention of re-joining the workforce, it can be difficult to establish voluntary retirement as…
Washington L&I Expands Coverage for Acupuncture Treatment
The Washington Department of Labor & Industries recently adopted a new policy approving acupuncture as a covered treatment for chronic migraine when accepted under a workers compensation claim. Previously, acupuncture was a covered benefit only for treatment of accepted lumbar conditions. The Department adopted its lumbar coverage policy for acupuncture…
New Oregon Law Amending OFLA & PLO Takes Effect July 1, 2024
Oregon Governor Tina Kotek recently signed new legislation aimed at simplifying Oregon’s leave laws. Senate Bill 1515 eliminates many types of leave previously covered under the Oregon Family Leave Act (OFLA). The goal is to decrease overlap between the types of leave that qualify for OFLA and Paid Leave Oregon…
EEOC Provides Updated Guidance on ADA, Including Implications of New Technology
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued updated guidance for how the American with Disabilities Act (ADA) applies to job applicants and employees with visual disabilities. Earlier this year, the EEOC issued a similar document regarding how the ADA applies to job applicants and employees with hearing disabilities….
New Washington Board Decision Addresses Closure of Claims When Worker Deceased
The Washington Board of Industrial Insurance Appeals recently designated a new significant decision addressing the situation where a worker dies for unrelated reasons with an open claim, and before their ability to work within their industrial restrictions has been established. This decision holds that employers cannot defeat a pension claim…
Washington Court of Appeals Issues New Decision Which Defines Reasonable Accommodations of Religious Beliefs – and Raises New Questions For Employers
The Washington Court of Appeals, Division 3, issued a decision on September 20, 2022 defining for the first time what is a “reasonable accommodation” of an employee’s religious practices under state law. In the recently published decision of Suarez v. State, the Court of Appeals adopted the federal definition that…
Ninth Circuit Agrees Temporary Impairments Can Be Disabilities Under ADA
A recent decision by the Ninth Circuit confirms that temporary medical conditions can qualify as disabilities under the Americans with Disabilities Act (ADA). The outcome in Shields vs. Credit One Bank N.A. is consistent with recent rulings from several other federal courts of appeals finding that transitory impairments can trigger…
Sixth Circuit Upholds Vaccine Mandate for Large Employers
Earlier this month, the U.S. Court of Appeals for the Sixth Circuit lifted a stay by the Fifth Circuit on President Biden’s federal vaccine mandate for employers with 100 employees or more. The mandate is now set to take effect in 2022 – unless the U.S. Supreme Court steps in….
Board’s 2020 Significant Decisions Include Two of Interest to First Responder Employers
The Washington Board of Industrial Insurance Appeals recently published its list of Significant Decisions for 2020. Per WAC 263-12-194, these are decisions which the Board deems to contain “analysis or decision of substantial importance.” Two of the 2020 Significant Decisions may be of particular interest to Washington employers of first…
Washington L&I Updates Guidance on Out-of-State Travel for IMEs
For employers with Washington claims involving individuals who have moved out of state, the pandemic has made it very difficult to obtain independent medical examinations. As travel restrictions ease, new guidance from the Department of Labor & Industries makes it more feasible to set IMEs in Washington for out-of-state claimants….
New Year, New Restrictions On IMEs in Washington
New Year, New Restrictions On IMEs in Washington With the new year, comes new restrictions on independent medical examinations in Washington. On January 1, legislative revisions to RCW 51.36.070 take effect which more narrowly define when and how self-insured employers may exercise their authority to require a claimant to attend…
Washington Self-Insured Employers Face Increased Penalty Amounts Starting September 1
Self-insured employers in Washington should be aware that penalty amounts increase on September 1, 2020, as a result of HB 2409, passed earlier this year. The changes apply to several categories of penalties that the Department of Labor & Industries can impose, including penalties under RCW 51.48.017 for “unreasonably delaying…
L&I Offers Some Guidance on Active Retraining Plans through Office Careers as Moratorium On New Plans Remains in Place
In early March, the Washington Department of Labor of Industries announced a moratorium on approval of new vocational plans that include retraining by Office Careers. The move by L&I followed a three-part investigative series aired by King 5 which was highly critical of the Renton-based school, contending it did not…
Final Rules Issued for Oregon Equal Pay Law Effective January 1, 2019
The Oregon Bureau of Labor and Industries (BOLI) recently issued final rules implementing the Oregon Equal Pay Law, most provisions of which take effect on January 1, 2019. The full text is available on the BOLI web site here. The final rules contain only minor changes from the proposed rules (see…
BOLI issues proposed rules for Equal Pay Law
The Oregon Bureau of Labor and Industries (“BOLI”) recently issued proposed rules implementing the Oregon Equal Pay Law, most provisions of which take effect on January 1, 2019. The full text of the proposed rules is available on the BOLI web site here. Comparable Character The Equal Pay Law prohibits employers…
