Author: Matthew Baker
Oregon Supreme Court Affirms Broad WRME Entitlement
A common tool of administrators and employers in obtaining information necessary to process a workers’ compensation claim is an independent medical examination (IME), whereby a physician without any prior tie to the worker provides a medical opinion. In Oregon, if certain conditions are met, injured workers are entitled to a…
Oregon WCB Confirms Initial Notice of Acceptance Does Not Set a “Theory of the Case”
What is the difference between an injury, a claim, and an accepted condition? The answer, frustratingly, is “it depends.” But the Oregon Workers’ Compensation Board recently issued a decision which at least provides some clarity as to whether one condition accepted in a claim dictates the types of other conditions…
How exclusive is the exclusive remedy in Oregon Workers’ Compensation?
At the core of the Oregon workers’ compensation system is a compromise between workers’ and employers. Employers must provide benefits for work-related injuries even when there was no negligence by the employer which led to the incident. But these work-related injuries cannot serve as the basis of a lawsuit against…
Flare-Ups, Aggravation, and Combined Conditions: When is Arthritis Compensable in Oregon workers’ compensation?
If a worker with longstanding cervical arthritis injures her neck while lifting a box at work, can the arthritis itself be a compensable condition under her workers’ compensation claim? In Oregon workers’ compensation law, arthritis is specifically listed as a pre-existing condition. Pre-existing conditions can be compensable only under certain…
Oregon Legislative Roundup
There was slightly more drama to the 2023 Oregon legislative session than in a typical year, but the session came to a close on June 25, 2023 after the legislature finalized a slate of bills. The workers’ compensation system will be impacted in particular by three new pieces of legislation….
What does the word “injury” mean in Oregon workers’ compensation law?
The definitions section of ORS 656 defines a “compensable injury” as an accident injury arising out of and in the course of employment requiring medical services or resulting in disability or death. This seems simple enough, and a reasonable person might conclude the word “injury” will mean the incident throughout…
When can time loss payments cease in Oregon?
Time-loss payments, penalties, and ambiguous medical opinions are hallmarks of the workers’ compensation system. The Oregon Workers’ Compensation Board recently released an opinion implicating all three when it ruled an employer was subject to penalty for unreasonably failure to pay time-loss based on interpretation of the attending physician’s chart note….
Oregon Supreme Court Affirms Narrow Construction of Exemption To Subject Worker Statute
Employee or contractor? The classification of a worker can impact what benefits a worker is entitled to, and the trucking industry has often been at the forefront in the debate over classification. The Oregon Supreme Court recently held a restricted leasehold interest in a vehicle is insufficient to exempt a…
Federal OSHA Emergency Temporary Standard on vaccination and testing for employees is temporarily stayed by 5th Circuit Court of Appeals
Over the past 18 months, employers have learned to adapt to rapidly changing circumstances in light of the Covid-19 pandemic. The recent spate of vaccine mandates is the latest front in pandemic-related employment concerns. The Biden administration promulgated an emergency temporary standard (ETS) mandating employers with 100 or more workers…
Washington Enacts Emergency Wildfire Smoke Rule
As Northwest summers get hotter and drier, state agencies have been forced to adapt to changing circumstances. Following the heatwave in June, both Oregon and Washington adapted rules regarding outdoor workers in high temperatures. Now the Department of Labor and Industries in Washington has published an emergency rule to protect…
Washington Legislature Considers New Presumptions for COVID-19
In the past, the Washington legislature created presumptive workers’ compensation causation for firefighters and workers at the Hanford Site. The legislature is close to creating a presumption for frontline workers who contract COVID-19 as well. Two bills creating such a presumption, as well as expanding unemployment benefit coverage to workers…
