Category: Caselaw Update
Oregon Course and Scope Cases Focusing on Where Injury Occurred
In two recent cases, the Oregon Court of Appeals found two off-premises injuries compensable. Charles Davis v SAIF, 316 Or App 301 (2021); Lahna Lynn…
Washington Supreme Court Issues Ruling on WISHA Violations for Staffing Agencies
In the recent Tradesman case, the Washington Supreme Court addressed whether in the joint employer context, staffing agencies may be liable employers for safety violations…
Washington Court of Appeals Issues Decision Restricting Type of Evidence to Rebut Firefighters’ Presumption
In a recently published decision, Bradley v. City of Olympia, the Washington Court of Appeals clarified the type of evidence an employer or the Department…
On remand from the Supreme Court, Oregon’s Workers’ Compensation Board issues decision addressing whether a referral for a noncompensable condition must be covered under a claim
Courts have made clear that pursuant to ORS 656.245(1), employers are required to pay for “medical services for conditions caused in material part by the…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
“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…
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…
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…
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…
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…
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…
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…
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…