Author: Kevin Anderson
Oregon Legislature Considering Dismantling Self-Insurance in Oregon
The Senate Committee on Labor and Business recently held a public hearing on two concerning pieces of legislation, SB-801 and SB-802. While the hearing initially…
Oregon MLAC Holds Final Meeting for 2020
The Management Labor Advisory Committee (MLAC) held what is most likely its final meeting of 2020. Much of the meeting was recapping the significant changes…
New Rules in Oregon Affecting Assessed Attorney Fees in Workers’ Compensation Cases
The Oregon Workers’ Compensation Board (“WCB”) met on August 18, 2020 to finalize two new rule proposals affecting attorney fees for claimant’s counsel. First, the…
Oregon Court of Appeals Clarifies Occupational Disease Standard
In a recent decision, the Court of Appeals clarified a worker’s burden of proof in an occupational disease claim. Johnston v. Gordon Trucking – Heartland…
Trial Attorneys and Unions Pushing for COVID-19 Presumption Legislation
On June 23, 2020, Governor Brown directed the Management-Labor Advisory Committee (MLAC) to explore any gaps in our current workers’ compensation system related to COVID-19,…
Oregon Workers’ Compensation Rule Updates During COVID-19 Crisis
Needless to say, there have been a lot of changes recently, not just in our daily lives, but also in claim processing issues. The WCD…
WCB issues new rules related to translation of written documents at hearing
After several months of deliberation, the board passed new rules requiring translation of non-English documents for hearing. OAR 438-007-0045. The parties can either stipulate to…
2019 Oregon Legislative Update
It has been a busy year in the Oregon legislature, but there has been only one major change to the statutes governing workers’ compensation. Senate…
WCD Issues New Rules Related to Medical Services
The WCD has written new rules related to medial services that will go into effect April 1, 2019. While there are a number of changes,…
Workers Compensation Board Reviewing Attorney Fees
The WCB is statutorily required to review claimant attorney fees every other year and it just held a public meeting to discuss the issue. Several…
WCD Rulemaking Meeting – Medical Billing/Services
The WCD held another public advisory meeting, this time to discuss the medical billing and medical services administrative rules. Probably the most important and interesting…
WCD Reviewing Rules Pertaining to IME’s and WRME’s
The WCD held a meeting to take public comment on the administrative rules related to Independent Medical Exams (IME’s) and Worker Requested Medical Exams (WRME’s)….
New Average Weekly Wage Calculation Rules
The Workers’ Compensation Division recently issued new rules for calculating average weekly wage. The new rules will apply to claims with dates of injury on…
Oregon Court of Appeals further defines susceptibilities or predispositions vs. preexisting conditions.
The Oregon Court of Appeals recently decided another case addressing what qualifies as a preexisting condition. Doris L. Lowells v. SAIF, 285 Or App 161…
Oregon WCD issues Temporary Rules Clarifying Claim Closure Requirements
In our efforts to keep you apprised of the latest developments regarding the Oregon Supreme Court’s decision in Brown (see Andrew’s blog on the case…
New 801 Form and Medical Treatment
You may have noticed, the Oregon Workers’ Compensation Division has revised the standard Form-801 “Report of Job Injury or Illness.” This form is the normal starting…
Changes to Oregon Employer-at-Injury Program effective as of January 1, 2017
OAR 436-105 explains who qualifies for and how to request assistance and reimbursement from the Employer-at-Injury Program (EAIP). The EAIP encourages early return to work…
Oregon WCD Proposes Rule Changes
The WCD is seeking input on three topics before the end of August. Proposed rules would be drafted and discussed at a public meeting in…
Attorney Fee Proposals
The Workers’ Compensation Board is moving forward with several changes in attorney fee rules. Formal rules will be drafted and reviewed at a public hearing…
When is a worker a “subject worker?”
The vast majority of workers in Oregon will be subject to the workers compensation system, with some exceptions. It is important to consider whether an injured…
Attorney Fees for Claimant Statements/Depositions
As of January 1, 2016, worker’s attorneys have been entitled to a new hourly attorney fee for “actual time spent during the personal or telephonic…
Oregon Legislature begins Short Session
The Oregon Legislature met on February 1, 2016 beginning a 35-day “Short Session.” In 2010, Oregon approved these sessions in even numbered years to allow…
Court of Appeals confirms no permanent disability awarded when work injury has no contribution to claimant’s impairment.
There have been many new issues in claim processing and particularly in rating permanent impairment after Brown/Schleiss and the WCD’s new closure rules. One particular…
Active Preexisting Conditions or Passive Predispositions – How Do I Tell the Difference?
A few months ago, we discussed a new Court of Appeals case addressing preexisting conditions. Dennis L. Corkum v. Bi-Mart Corp., 271 Or App 411…
Claimant’s Testimony of “Lifting Kegs” Not Enough for Increased Work Disability Award
A line cook was injured and his claim was closed with 11% whole person impairment and 27% work disability. On Reconsideration, the worker submitted an…
