Category: Caselaw Update
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…
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…
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…
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…
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…
