Author: Kevin Anderson
Oregon WCD Rulemaking Meetings Set for November 18-19, 2025
The WCD scheduled a public advisory meeting for November 18, 2025, 1:00 – 4:00 PM to address potential changes to medical treatment, billing, and MCO rules. You can find the agenda here. Some of the proposed changes stem from MLAC’s subcommittee on medical treatment issues and issues related to finding…
Oregon Workers’ Compensation Division is Considering Changes to Claim Processing Rules
The WCD held a public advisory meeting on September 11, 2025, to discuss potential changes to various provisions in OAR 436-060. The meeting addressed some rule-making processes stemming from recent legislative changes on lump sum payments, but also included several other issues. The public comment period remains open until September…
Oregon Rulemaking and Work Groups
A few weeks ago, I discussed the recent legislative changes from the 2025 session. There are now a few different rulemaking and advisory groups developing the administrative framework for those statutory changes. You can see a schedule of the WCD’s meetings here. The Oregon Workers’ Compensation Division will be forming…
2025 Oregon Legislative Sessions Comes to an End
The Oregon legislature adjourned as few weeks ago. While the session had some rather contentious issues to deal with as usual, there were a few workers’ compensation issues that had support through MLAC and passed through the legislature. HB 2800 (PEOs) Changes the term “worker leasing company” to “professional employer…
Oregon Workers’ Compensation Division Reviewing Medical Service and Billing Rules Nov. 5th
The WCD is hosting an advisory committee meeting on November 5, 2024. You can find the agenda here including information about how to participate in the meeting. The WCD regularly reviews these rules to make sure medical service billings are appropriately updated, but there are several topics being discussed including:…
Surgery in Oregon? Here’s What to Know
The Oregon Workers’ Compensation Division recently added some new deadlines to be aware of when dealing with surgery requests in the MCO context. You can read more about the changes here. But, dealing with a surgery request can still be complicated with a lot of short deadlines, so here is…
Oregon WCD Proposing New Medical Treatment and Billing Rules
The Oregon Workers’ Compensation Division had a public comment meeting in November 2023 to discuss issues related to the medical fee schedule, medical services, and MCO. The agenda and minutes are included here. From that meeting, the WCD is moving forward with proposed rules. The full proposal is here, but…
Reminder – Oregon Legislative Changes Starting January 1, 2024
As we approach the end of the year, it is important to remember that there are some big changes coming to Oregon workers’ compensation claim processing and employment issues. Here are some of the larger changes, which have been passed by the legislature, but do not take effect until January…
New Claim Closure and Overpayment Rules in Oregon Starting January 1, 2024
As we have touched on before, there will be some major changes next year to how we process claims, particularly when it comes to claim closure and overpayment issues. These changes have already been made, but will not apply to claims until January 1, 2024. First, when determining claimant’s medically…
Chronic Condition Award Does Not Automatically Result in Work Disability in Oregon
The Oregon Workers’ Compensation Board recently issued a helpful decision when it comes to determining permanent work restrictions and dealing with the reconsideration proceeding. Richard McConnell, 74 Van Natta 536 (2022). The attending physician provided a report confirming claimant was released to regular duty regarding the accepted condition (CTS), but…
Oregon WCD Starts Rulemaking Process for Timeloss Bill (HB 4138)
The WCD held the first public meeting on May 3rd to address issues related to implementing HB 4138 made several changes to processing temporary disability benefits. I know from the meeting many of our wonderful clients provided some excellent input to help the WCD. A copy of the full agenda…
Oregon Workers’ Compensation Board Reopening to the Public
After two years of telephonic and video hearings, the Oregon Workers Compensation Board is reopening to the public and starting to set in-person hearings and mediations. The roll out will be gradual and the WCB will still be taking health and safety precautions for all in person events. Hearings set…
2022 Legislative Update
The Oregon legislature met for a short regular session in early 2022, but we saw some significant changes to the workers’ compensation system in that brief time. The legislature passed the following changes, although some are currently awaiting the governor’s signature: SB 1560 – Changes “alien” to “nonresident” throughout Oregon…
Oregon Course and Scope Cases Focusing on Where Injury Occurred
In two recent cases, the Oregon Court of Appeals found two off-premises injuries compensable. Charles Davis v SAIF, 316 Or App 301 (2021); Lahna Lynn v SAIF, 315 Or App 720 (2021). In Davis, an off-duty pool hall manager verbally escorted a troublesome customer out to the sidewalk. Claimant flicked…
Oregon In-Person Workers’ Compensation Hearings Appear to Remain on Hold
It was only a few weeks ago vaccination rates were increasing, businesses were reopening to the public, and people were starting to return to their offices. However, with the recent increase in COVID cases and specifically the delta-variant, businesses have had to resume their mask mandate and the return to…
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 appeared to be a fact-finding discussion about self-insurance in Oregon, the bills are scheduled for further discussion at the Management-Labor Advisory Committee (MLAC) on March…
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 we have already seen in our system this year and outlining their plan for next year. There were a few areas of note from the…
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 WCB will allow information about the claimant’s attorney’s hourly rate to be considered when awarding an assessed fee. This will be an additional factor to…
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 Express, 305 Or App 531 (2020). The claim for lumbar arthritis was denied in part based on medical evidence confirming claimant’s aging process/genetics was an…
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, including at looking to whether a presumption of compensability is needed to ensure workers are protected under the current system. The governor instructed the committee…
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 has begun discussions to address a variety of issues that have arisen with Workers’ Compensation claims in light of COVID-19. Further, the WCD and WCB…
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 the translation, or the party offering the document must include an English translation. Any dispute regarding the translation will be resolved by the ALJ and…
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 Bill 507 creates a new presumption of compensability for certain mental health claims filed by first responders working for public entities. If a claim does…
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, here are a couple of the most significant: MCO’s Requires MCO when less than 3 providers in a provider category in a geographical service area,…
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 concepts were put forward by the claimant’s attorneys including: Creating an optional bifurcated proceeding to address attorney fees after the judge has ruled on the…
