Author: Kevin Anderson
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…
Oregon Legislature Increases Claimant’s Attorney Fees
The Oregon Legislature adjourned at the end of June and it is clear some major changes are coming for businesses, small and large, in the…
SBH Attorneys Present at WCCA Spring Conference
By Kevin Anderson I had the pleasure of presenting with my colleague Rebecca Watkins and Sheri Sundstrom from Hoffman Construction at the WCCA conference regarding…
Why are Claimant’s Attorneys receiving a Fee when the ALJ affirms a Denial?
By: Kevin Anderson A claimant’s attorney received a fee for unsuccessfully challenging a new/omitted claim for “arthralgia.” Even though the de facto denial was ultimately upheld,…
New Administrative Rules Regarding Claim Closure effective March 1, 2015
By: Kevin Anderson The WCD has published new administrative rules responding to two recent court cases (Brown v. SAIF, 262 Or App 640 (2014); Schleiss…
WCD Seeks Input on Significant Changes to OAR 436
By: Kevin Anderson Over the last few months, the Oregon Workers’ Compensation Division was considering making significant changes to OAR 436 in light of two…
Workers’ Compensation Division Proposes Drastic Overhaul to OAR 436
By: Kevin Anderson Back in May, we let you know about a Court of Appeals decision that could have drastic changes to processing combined conditions. …