Author: Kevin Anderson
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…
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…
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…
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…
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…
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…
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…
