Category: Changes in WC law

January 12, 2021
by Megan Vaniman

New Oregon 801 Form Effective January 1, 2021

The Workers’ Compensation Division implemented a new 801 and 827 form–effective January 1, 2021. The new 801/827 forms remove the Social Security Number. The removal…

December 21, 2020
by Kara Cogswell

New Year, New Restrictions On IMEs in Washington

New Year, New Restrictions On IMEs in Washington With the new year, comes new restrictions on independent medical examinations in Washington. On January 1, legislative…

October 14, 2020
by Evan Novotny

Oregon WCD Issues Revised Temporary Rule on Claims for COVID-19 or Exposure to COVID-19

The Workers’ Compensation Division has issued OAR 436-060-0141,  a temporary rule addressing claims for COVID-19 and claims for exposure to COVID-19. The rule will remain…

August 26, 2020
by Kara Cogswell

Washington Self-Insured Employers Face Increased Penalty Amounts Starting September 1

Self-insured employers in Washington should be aware that penalty amounts increase on September 1, 2020, as a result of HB 2409, passed earlier this year….

August 5, 2020
by Megan Vaniman

Oregon Workers’ Compensation Mental Health Presumption of Compensability

Presumption—it’s a scary word in the world of Oregon workers’ compensation. Last year Oregon passed Senate Bill 507—now codified at ORS 656.802(7)—creating a presumption of…

July 27, 2020
by Kevin Anderson

Trial Attorneys and Unions Pushing for COVID-19 Presumption Legislation

On June 23, 2020, Governor Brown directed the Management-Labor Advisory Committee (MLAC) to explore any gaps in our current workers’ compensation system related to COVID-19,…

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…

April 8, 2020
by Kevin Anderson

Oregon Workers’ Compensation Rule Updates During COVID-19 Crisis

Needless to say, there have been a lot of changes recently, not just in our daily lives, but also in claim processing issues. The WCD…

February 25, 2020
by Laurel

SBH Attorney Aaron Bass Testifies in Front of Washington State Senate

Attorney Aaron Bass testified on behalf of Washington Self-Insurers Association in opposition to SHB 2409. The bill not only increases the penalty amounts, it imposes…

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…

February 16, 2018
by Kevin Anderson

New Average Weekly Wage Calculation Rules

The Workers’ Compensation Division recently issued new rules for calculating average weekly wage. The new rules will apply to claims with dates of injury on…

December 12, 2017
by Lauren Oda

Worker’s Compensation Division Addresses House Bill 2338 Regarding Benefits to Surviving Children

The Workers’ Compensation Division issued an Addendum to Bulletin No. 377 on December 8, 2017. The Division issued the addendum to address House Bill 2338,…

September 15, 2017
by Andrew Evenson

Oregon Workers’ Compensation Division announces new administrative rules in response to Brown v. SAIF

On March 30, 2017, the Oregon Supreme Court issued a much-awaited decision in Brown v. SAIF Corporation, 361 Or 241 (2017), ruling that the term…

April 12, 2017
by Kevin Anderson

Oregon WCD issues Temporary Rules Clarifying Claim Closure Requirements

In our efforts to keep you apprised of the latest developments regarding the Oregon Supreme Court’s decision in Brown (see Andrew’s blog on the case…

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…

January 20, 2017
by David White

Changes to Oregon rules regarding Employer/Insurer Coverage Responsibility effective as of January 1, 2017

OAR 436-050 governs the responsibility of employers and insurers to provide workers’ compensation coverage to subject workers for compensable injuries and illnesses. Many changes to…

January 13, 2017
by Kevin Anderson

Changes to Oregon Employer-at-Injury Program effective as of January 1, 2017

OAR 436-105 explains who qualifies for and how to request assistance and reimbursement from the Employer-at-Injury Program (EAIP). The EAIP encourages early return to work…

January 5, 2017
by Megan Vaniman

Changes to OAR 436-060 effective as of January 1, 2017

In 2016, the Workers’ Compensation Division drafted changes to OAR 436-060. These changes went into effect on January 1, 2017. Below, I have outlined several…

December 29, 2016
by Megan Vaniman

New Oregon WCD Rules go into effect January 1, 2017

Earlier this year, the Oregon Workers’ Compensation Division proposed extensive changes to division rules. The rule changes go into effect on January 1, 2017. The…

October 14, 2016
by Megan Vaniman

Board’s new attorney fee rules go into effect on November 1.

The Oregon Workers’ Compensation Board passed revised attorney fee rules on October 13, 2016.  The most significant changes involve increased attorney fees for disputed claims…

August 25, 2016
by Kevin Anderson

Oregon WCD Proposes Rule Changes

The WCD is seeking input on three topics before the end of August. Proposed rules would be drafted and discussed at a public meeting in…

August 5, 2016
by Kevin Anderson

Attorney Fee Proposals

The Workers’ Compensation Board is moving forward with several changes in attorney fee rules. Formal rules will be drafted and reviewed at a public hearing…

January 7, 2016
by Megan Vaniman

New Bill Alters Timeline for Initial Time Loss Payment

On January 1, 2016, House Bill 2797 went into effect, modifying when initial temporary disability payments must be made. Prior to January 1, 2016, if…

October 21, 2015
by Andrew Evenson

2015 Legislative Update: Changes in Oregon Workers’ Compensation

A couple of weeks ago, I presented a legislative update related to Oregon employment law and what effects new legislation has on your employment policy…