Category: Changes in WC law
Have you or someone you know been negatively affected by the new Washington IME rules? Get help here!
The new Washington Independent Medical Exam (IME) recording and co-recording rules have made obtaining an IME even more difficult than when they were limited by WAC 296-23-309 last year. Here are some alternative options if you can’t get an IME under WAC 296-23-309 or if you can’t find a medical…
Reminder – Oregon Legislative Changes Starting January 1, 2024
As we approach the end of the year, it is important to remember that there are some big changes coming to Oregon workers’ compensation claim processing and employment issues. Here are some of the larger changes, which have been passed by the legislature, but do not take effect until January…
All Washington Self-Insured Employers Should Be Aware of (And Attend if Possible) the Department of Labor & Industries “Listening Sessions” Regarding the Newly Enacted “Bad Faith” Laws
The Washington legislature passed one of two pieces of legislation that creates new duties and standards for some self-insured employers. Substitute House Bill 1521 is scheduled to go into effect on July 1, 2024, and the new laws are set to apply to worker’s compensation claims regardless of date of…
The Oregon Legislature has been busy this year!
You have probably heard about House Bill 3471 which changed the way defense counsel and adjusters settle workers’ compensation claims, specifically with regard to employment releases. But the legislature has been working on other changes in the law that specifically affect workers’ compensation. House Bill 3412 is one of those…
Oregon Legislative Roundup
There was slightly more drama to the 2023 Oregon legislative session than in a typical year, but the session came to a close on June 25, 2023 after the legislature finalized a slate of bills. The workers’ compensation system will be impacted in particular by three new pieces of legislation….
Changes coming to retroactive temporary disability authorizations in Oregon
In our prior blog post, here, we discussed the changes coming under House Bill 4138, as it relates to claim closure and overpayment issues. We turn now to the changes to temporary disability issues. These changes go into effect on January 1, 2024. The first amendment permits the attending physician…
New Claim Closure and Overpayment Rules in Oregon Starting January 1, 2024
As we have touched on before, there will be some major changes next year to how we process claims, particularly when it comes to claim closure and overpayment issues. These changes have already been made, but will not apply to claims until January 1, 2024. First, when determining claimant’s medically…
Proposed Oregon bill to disallow no-rehire provisions in workers’ compensation settlements
AFL-CIO (a conglomerate of union groups) has proposed legislation to prohibit no re-hire/reemployment/reinstatement clauses in workers’ compensation settlements. Specifically, the proposed legislation would only allow a carrier/employer to enter into a no-rehire agreement if the injured worker (or worker who has filed a workers’ compensation claim) specifically requests the provision….
Permanent Rule Changes Coming to Oregon Workers’ Compensation!
There are new and significant rule changes to Oregon Workers Compensation. These will affect the way workers’ compensation benefits are paid and calculated. Additionally, notable and significant revisions from HB 4138 (regarding overpayments) will not be in effect until January 1, 2024. Apportionment of PPD in light of Johnson v….
Washington L&I Proposed Changes to Presumptive Coverage of PTSD as an Occupational Disease – Feedback Due by January 13
On November 22, 2022, the Department of Labor & Industries filed a Notice of Proposed Rulemaking seeking to amend WAC 296-14-300 to clarify coverage of posttraumatic stress disorder (PTSD) under workers’ compensation law in Washington state. WAC 296-14-300 currently excludes mental health conditions caused by stress and repeated exposure to…
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 WCD Issues Proposed Draft Rules for Dancingbear
Last October, SBH attorney Anna McFaul wrote a blog covering the Dancingbear v. SAIF decision issued by the Oregon Court of Appeals. As you likely recall, the Court of Appeals ultimately determined that a worker’s attorney can be awarded an assessed fee under ORS 656.383(1) when that attorney obtains additional…
Oregon WCD Starts Rulemaking Process for Timeloss Bill (HB 4138)
The WCD held the first public meeting on May 3rd to address issues related to implementing HB 4138 made several changes to processing temporary disability benefits. I know from the meeting many of our wonderful clients provided some excellent input to help the WCD. A copy of the full agenda…
New L&I Rules Regarding IMEs Take Effect April 23, 2022
Starting April 23, 2022 the Washington Department of Labor & Industries will be implementing new rules regarding IME notices and what constitutes a “case progress examination.” The rules also create a process for a worker to dispute whether they should be required to attend an IME. Under the new rules…
Oregon Court of Appeals Allows Assessed Fee When Order on Reconsideration Awards Additional Temporary Disability
In the recent Dancingbear case, the Court of Appeals awarded an assessed attorney fee when additional temporary disability benefits were obtained through the reconsideration process. Dancingbear v. SAIF, 314 Or App 538 (9/15/21). In this case, claimant and her attorney requested reconsideration of a Notice of Closure. The Order on…
Oregon Legislature Considering Dismantling Self-Insurance in Oregon
The Senate Committee on Labor and Business recently held a public hearing on two concerning pieces of legislation, SB-801 and SB-802. While the hearing initially appeared to be a fact-finding discussion about self-insurance in Oregon, the bills are scheduled for further discussion at the Management-Labor Advisory Committee (MLAC) on March…
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 comes after the Management-Labor Advisory Committee (MLAC) advised the Department of Consumer and Business Services that the requirement of the Social Security Number caused some…
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 revisions to RCW 51.36.070 take effect which more narrowly define when and how self-insured employers may exercise their authority to require a claimant to attend…
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 in effect for 180 days while the Department works on a permanent rule. The rule covers claims for COVID-19 as well as presumptive cases where…
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. The changes apply to several categories of penalties that the Department of Labor & Industries can impose, including penalties under RCW 51.48.017 for “unreasonably delaying…
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 compensability of certain mental health claims filed by first responders working for public entities. A careful look at the presumption created by ORS 656.802(7) reveals…
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, including at looking to whether a presumption of compensability is needed to ensure workers are protected under the current system. The governor instructed the committee…
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 for a left knee injury on June 12, 2015. On June 29, 2015, claimant and his attending physician submitted an 827 form for a new/omitted…
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 has begun discussions to address a variety of issues that have arisen with Workers’ Compensation claims in light of COVID-19. Further, the WCD and WCB…
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 a new vague “fair conduct” standard and includes a “per occurrence” multiplier on self-insurance penalties. Attorney Bass used his time to point out the grossly…
