Author: Lance Johnson

March 28, 2014
by Lance Johnson

Third Party Election Letters: Administrative Rule Changes Effective April 1, 2014

OAR 438-011-0055, effective April 1, 2014, mandates a new procedure for notifying claimants of third party election rights. Paying agencies must serve a written election demand by registered or certified mail or by personal service upon the claimant. The demand must include an informational disclosure complying with Board Bulletin #2….

March 1, 2013
by Lance Johnson

Drivers Selling Employer’s Products are “Subject Workers.”

The Court of Appeals decided RJ Enterprises LLC of Oregon v. Department of Consumer and Business Services, February 27, 2013.  The employer sought review of a Department of Consumer and Business Services (DCBS) order upholding audit billings for workers’ compensation premiums for truck drivers.  It argued the drivers that delivered…

July 10, 2012
by Lance Johnson

Court Rules Claimants’ Attorneys Need More Money

In SAIF v. Crystal L. DeLeon (06/28/2012), the Supreme Court held a claimant’s attorney is entitled to an attorney fee whenever the insurer initiates any level of review and the claimant ultimately prevails at any subsequent level.  The party initiating the final level of review is no longer of consequence. …