Author: Stephen Verotsky
Oregon OSHA – Increased Penalties for 2025
In 2023, with the passage of Senate Bill 592, the Oregon Legislature dramatically augmented the range of civil penalties on employers who violate Oregon Safe Employment laws. Previously, Oregon law imposed only the minimum civil penalties prescribed under the federal OSHA. Over the past two years, the penalties have continued to…
In Oregon, Delay In Seeking Clarification From Attending Physician Regarding an IME, PCE, and Regular Work Release Can Result in Unreasonable Refusal to Close.
The Oregon Workers’ Compensation Board is holding carriers to a high standard when it comes to securing the evidence needed to rate impairment and work disability. The expectation is the carrier will arrange the closing examination, physical capacity evaluation and then ensure the attending physician provides a clear and unconditional…
Can a denial in Oregon based on an independent record review trigger entitlement to WRME?
Recently, the Oregon Workers’ Compensation Board confirmed that entitlement to a worker requested medical examination (WRME) is only triggered when the employer’s denial is based on an in-person IME with which an attending physician has not concurred. Michelle L. Knowlden, 75 Van Natta 505 (2023). In Knowlden, the claimant was…
Oregon OSHA – Senate Bill 592A Significantly Expands Oregon OSHA Investigation Authority and Substantially Increases Civil Penalties.
Oregon lawmakers have approved a bill that expands OSHA investigation authority and increase the penalties businesses face when they violate workplace safety rules. Governor Tina Kotek is expected to approve and the bill will go into effect immediately. The bill creates significant changes to the Oregon Safe Employment Act including:…
Compensability of Medical Treatment in Oregon – Standard: Related in Material part to “Work Injury” or Directed to Accepted Conditions
In 2019 the Oregon Supreme Court determined that medical services under ORS 656.245 for an unclaimed, unaccepted condition can be the responsibility of a carrier if the medical services were due in material part to the work accident. Garcia-Solis v. Farmers Ins. Co., 365 Or 26 (2019). This remains the…
New Assessed Attorney Fee Rules For Reconsideration Proceedings in Oregon
In September 2021 the Oregon Court of Appeals issued its decision in Dancingbear v. SAIF and determined a worker’s attorney can be awarded an assessed fee under ORS 656.383(1) when that attorney obtains additional temporary disability compensation during a reconsideration proceeding. The Workers’ Compensation Division (WCD) began drafting rules to…
Oregon Workers’ Compensation Board Signals That Providing Duplicative Discovery May Result in Penalties/Attorney Fees
In Serge Alexandre, 74 Van Natta 410 (June 1, 2022), SAIF requested review of an order that awarded a penalty and penalty-related attorney fee for allegedly unreasonable claim processing regarding duplicative discovery. The Board held that claimant had not raised a penalty issue at the hearing level regarding allegedly unreasonable…
OSHA Reveals Standard to Implement Vaccine Mandate
On November 4, 2021, the Department of Labor’s Occupational Safety and Health Administration (OSHA) released its Emergency Temporary Standard (ETS) which implements President Biden’s vaccine-or-test requirement for private employers with 100 or more employees. Oregon has an approved OSHA state plan and must adopt rules that are “at least as…
Effective July 1, 2021 – Oregon Annual Adjustment to Maximum Attorney Fee and Hourly Rate for Statement Fee
The maximum attorney fees awarded under ORS 656.262(11)(a), ORS 656.262(14)(a), and ORS 656.382(2)(d), are tied to the increase in the state’s average weekly wage (SAWW) and have increased by 14.06%. On May 27, 2021, the Board published Bulletin No. 1 which sets forth the new maximum attorney fees. The Bulletin…
Oregon OSHA Proposes “Permanent” COVID-19 Rules
Recently, Oregon OSHA formally proposed a “permanent” COVID-19 rule to replace the temporary rule, which is set to expire May 4, 2021. Oregon OSHA’s rule making authority does not allow a temporary rule to be extended; therefore, OSHA must adopt a permanent rule to keep its COVID-19 protections in place….
OR OSHA still has not passed final rules relating to COVID-19
In June 2020 Oregon OSHA announced it would implement temporary workplace rules to address the COVID-19 hazard. Oregon OSHA expected it would have the final rule in place by September 1, 2020. After four drafts of the proposed rule, there is still no final rule. However, Oregon OSHA expects to…
Oregon OSHA will Adopt Rules Addressing the COVID-19 Emergency
Recently, Oregon OSHA announced it has begun work on temporary rules addressing the COVID-19 emergency. The target date for the rules is September 1st and is expected to remain in effect through February 2021. The rules will be completed in consultation with the Oregon Health Authority (OHA), Public Health and…
Join SBH at the 2017 Oregon PRIMA Annual Conference
Join SBH attorneys Steve Verotsky and Krishna Balasubramani at the 2017 annual Oregon PRIMA Conference. The conference will be held at Salishan Lodge in Gleneden Beach September 27-29. Steve and Krishna will discuss recent workers’ compensation and employment law cases including the recent supreme court decision in Brown v. SAIF. Their…
New OSHA Rules Address Post-Accident Drug Testing, Retaliation Claims, and Electronic Injury/Illness Reporting
Recently, the Occupational Safety and Health Administration (OSHA) finalized new rules regarding recordkeeping/reporting and discrimination as it relates to drug testing employees following an injury. 81 Fed. Reg 29624. The new anti-discrimination/retaliation rule goes into effect on August 10, 2016. There is a longer phase-in period for electronic submission of…
Join SBH Attorneys at the first PWC Lunch of the Season
Join SBH Attorneys Lauren Oda and Steve Verotsky at the first PWC lunch of the season on October 20, 2015. The Lunch is held at the Crowne Plaza in Lake Oswego. Lauren and Steve will be providing a Course & Scope Legal Update. Their discussion will include recent Board and…
Supreme Court allows personal estate to pursue Workers’ Compensation Claims
By: Steve Verotsky Recently, the Oregon Supreme Court reversed the Workers’ Compensation Board and Court of Appeals and determined that a worker’s estate is authorized to pursue the hearing request to its final conclusion Gary D. Sather v. SAIF, 357 Or 122 (2015). If a worker files a request for…
Oregon OSHA Backtracks on Confined Space Rule
In September 2012 the Oregon Occupational Safety and Health Division (Oregon OSHA) adopted a new confined space rule. Confined spaces, such as tanks, wells, or tunnels, have limited ability to exit, may contain potentially harmful material, and are not intended for human habitation. Workplace safety rules require employers take proper…
Wednesday May 8, 2012 WCCA Luncheon – Work Disability: Strategies for Securing a Release or Return to Regular Work
Injured workers have become more aggressive and creative in their pursuit of work disability awards because there is a lot of money at stake. If there is permanent impairment and an employer is unable to establish the worker was released or returned to “regular work,” then the worker is entitled…
OSHA – Potential Employer Knowledge Rule – A Solution in Search of Problem.
This morning, Michael Wood, the Administrator of Oregon OSHA, convened an “informal gathering” of employers and other stake holders to discuss whether a rule is needed to “help clarify the issue of employer knowledge” when a serious safety violation is issued. The meeting was well attended by various construction trades,…
OR-OSHA ALERT
Oregon OSHA is developing an administrative rule which has the potential to significantly change what it must prove to establish a violation of a safety rule. Currently, to establish a valid citation, OR-OSHA must prove the employer knew (actual knowledge) or could have known (constructive knowledge) of the condition giving…
