Category: Caselaw Update

November 11, 2020
by David White

Oregon Court of Appeals Expands on Supreme Court’s Holding in Caren in Robinette v. SAIF

Last year, in Caren v. Providence Health System Oregon the Oregon Supreme Court held that without a preclosure combined condition denial employers must pay the…

October 28, 2020
by Hannah Teig

Court of Appeals reconsiders Meyers v. SAIF in light of the Supreme Court’s opinion in Gadalean

Meyers v. SAIF has been a long time coming– the case has been on appeal since 2013, traveling all the way up to the Oregon…

October 7, 2020
by Christine Olson

Washington Court of Appeals opinion serves as a strong reminder to double check filing requirements for appealing BIIA orders

On September 8, 2020, the Washington Court of Appeals published a decision that serves as a reminder of the importance of double checking state and…

September 2, 2020
by Sarah Cohen

Ninth Circuit Court of Appeals Upholds Hanford Presumption Law

On August 19, 2020, the Ninth Circuit issued an opinion finding Washington was not in violation of federal law when it implemented HB 1723, also…

August 19, 2020
by Kevin Anderson

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…

July 8, 2020
by Hannah Teig

The Oregon Court of Appeals doubles down on the two-prong Roseburg Forest test making it easier for a presumptively responsible employer to shift responsibility

In April 2020, the Court of Appeals issued a significant decision regarding responsibility cases. In NAES Corporation v. SCI 3.2, Inc., 303 Or. App. 684…

June 3, 2020
by Elyse Lopez

In the midst of COVID-19 pandemic, Oregon Court of Appeals issues troubling ruling for processing new/omitted condition claims

The Oregon Court of Appeals issued its decision in Coleman v. SAIF, 304 Or App 122 (2020) on May 13, 2020. Claimant filed a claim…

June 6, 2019
by Andrew Evenson

Oregon Supreme Court rules that medical services for conditions caused in material part by the work injury incident, not just accepted conditions, are compensable

In a much-awaited decision, the Oregon Supreme Court recently ruled in Garcia-Solis v. Farmers Ins. Co., 365 Or 26 (2019) that medical services for conditions…

January 30, 2018
by Sarah Ewing

Court of Appeals Case Reaffirms Objective Evidence Required For Reopening

In Hendrickson v. Dep’t of Labor & Indus., the Washington Division One Court of Appeals reaffirmed what evidence must support a reopening application. Claimant injured…

May 11, 2017
by Kevin Anderson

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…

March 31, 2017
by Andrew Evenson

What can Brown do for you? In a long-awaited decision, the Oregon Supreme Court reverses Brown v. SAIF

It has been almost three years since the Oregon Court of Appeals issued its decision in Brown v. SAIF, 262 Or App 640 (2014), finding…

February 10, 2017
by Norman Cole

LHWCA Caselaw Summary

The following is a review of recent relevant Longshore and Harbor Workers’ Compensation Act caselaw. There were relatively few decisions and none created new law…

November 10, 2016
by Megan Vaniman

Claimant only required to show idiopathic factors were less likely to have caused unexplained injury

The Oregon Court of Appeals established new case-law on claimant’s burden of proof in “unexplained fall” claims. If an injury is unexplained, as a matter…

October 21, 2016
by Andrew Evenson

“Good cause” for untimely injury filing does not require medical evidence

Under ORS 656.265, notice of an accident resulting in an injury must be given immediately by the worker, but not later than 90 days after…

September 30, 2016
by Megan Vaniman

Claimant’s request for hearing on 10 year old denial is untimely.

On October 26, 2006, SAIF issued a denial of claimant’s injury claim. The denial was mailed via certified mail and a person who identified himself…

June 10, 2016
by Megan Vaniman

Pohrman Lives On

U.S. Bank v. Pohrman, 272 Or App 31 (2015), the Court of Appeals case that determined an injury suffered while an employee is on break…

May 27, 2016
by Krishna Balasubramani

Do you know your employer sponsored wellness program can create Workers Compensation Liability?

An employee twisted her knee while walking – she was off the clock, on a lunch break, and walking off the employer’s premises. However, because…

April 7, 2016
by Jeana Wines

Pre-Authorization of Medical Services: New Guidance From WCD

The WCD issued a significant decision addressing an insurer’s obligation to respond to requests for pre-authorization by medical providers. Our rules impose specific processing requirements…

April 1, 2016
by David White

Workers’ Compensation Board confirms permanent impairment is awarded based on accepted conditions or their direct medical sequelae; distinguishes recent Court of Appeals case.

The Workers’ Compensation Board recently ruled that permanent impairment awarded based on the accepted conditions and their direct medical sequelae.  See William Snyder, 68 Van…

March 11, 2016
by Kevin Anderson

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…

March 3, 2016
by Brian Perko

SBH Client Prevails on Rare Self-Injury Defense

Attorneys Brian Perko and Rebecca Watkins recently secured a decision from the Oregon Court of Appeals upholding a denial based on the defense that the…

January 29, 2016
by Kevin Anderson

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…

November 12, 2015
by Sam Whalen

Attorney fees awarded when carrier rescinds denial of authorization for medical services

The Oregon Court of Appeals recently ruled that a claimant’s attorney is entitled to a fee when an insurer/self-insured employer rescinds a denial of authorization…

October 29, 2015
by Sarah Ewing

Applicant Injured on way to Orientation is not a Subject Worker

In a recent Oregon Workers’ Compensation Board case, the Board found an applicant who was injured on her way to orientation on the employer’s premises…

August 20, 2015
by Kevin Anderson

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…