Category: Oregon Workers Compensation

February 24, 2021
by Hannah Teig

Tips and Tricks for Independent Medical Exams (IMEs)

Independent medical examinations (IMEs) are a great tool for claims examiners to use in processing at the beginning, middle, and end of claim. They are…

February 10, 2021
by Evan Novotny

Combined Conditions in Oregon Workers’ Compensation: Not always a Simple Open and Shut Case

Combined condition acceptances and denials can be a useful claim processing tool in Oregon for several reasons. They can be used as a defense against…

January 27, 2021
by Elyse Lopez

Oregon’s 2021 Legislative Session has Started: SBH’s Watchlist

The Oregon State legislative session for 2021 is underway and we have seen several bills introduced in the House and the Senate that will be…

January 13, 2021
by Andrew Evenson

As COVID-19 cases continue to surge, keep in mind OAR 436-060-0141 requirements before issuing a denial

As COVID-19 cases continue to surge in Oregon, it is reasonable to anticipate a corresponding surge in workers’ compensation claims related to confirmed COVID-19 cases…

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 16, 2020
by Kevin Anderson

Oregon MLAC Holds Final Meeting for 2020

The Management Labor Advisory Committee (MLAC) held what is most likely its final meeting of 2020. Much of the meeting was recapping the significant changes…

December 2, 2020
by Megan Vaniman

Shift in Oregon Claim Closure Analysis?

As of recently, the Oregon Supreme Court, Court of Appeals, and Workers’ Compensation Board have issued significant decisions relating to closure of Oregon workers’ compensation…

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 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…

September 30, 2020
by Elyse Lopez

As the COVID pandemic continues, where does the Oregon Workers’ Compensation Division stand on telemedicine?

In March 2020, the Division set out temporary rules to address fees related to telemedicine appointments following Governor Brown’s “Stay at Home Order.” The temporary…

September 16, 2020
by Andrew Evenson

Oregon Workers’ Compensation Board now administering hearings and mediations via “Zoom” platform

Since April, under Governor Brown’s “Stay home, Save lives” Executive Orders, the Workers’ Compensation Board (WCB) hearings divisions have not administered any in-person hearings or…

August 21, 2020
by Kevin Anderson

New Rules in Oregon Affecting Assessed Attorney Fees in Workers’ Compensation Cases

The Oregon Workers’ Compensation Board (“WCB”)  met on August 18, 2020 to finalize two new rule proposals affecting attorney fees for claimant’s counsel. First, the…

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…

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,…

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 24, 2020
by Lauren Oda

Annual Adjustment of Attorney Fees in Workers’ Compensation Claims in Oregon

The Oregon Workers’ Compensation Board recently issued a revised Bulletin No. 1 addressing the maximum attorney fee under several statutes. The attorney fees affected by…

June 17, 2020
by Evan Novotny

Claims Examiner Certification Renewal in Oregon and COVID-19

Three months into the pandemic, we have all seen changes in both our daily lives and in our professional lives. One of these changes has…

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…

May 20, 2020
by Andrew Evenson

Oregon Employee Injured While Working from Home? Best Practices to Determine Compensability

With the onset of COVID-19 and statewide stay-at-home orders, a high percentage of today’s workforce is operating from home, or in some variation of remote…

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…

March 13, 2020
by Randi Ensley

Oregon – COVID-19 Incident Reports, Workers’ Comp, Wage and Leave Issues

As Oregon employers continue to face unique issues in the wake of the COVID-19 coronavirus, SBH has assembled this list of commonly asked questions addressing…

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…

March 27, 2019
by Kevin Anderson

WCD Issues New Rules Related to Medical Services

The WCD has written new rules related to medial services that will go into effect April 1, 2019. While there are a number of changes,…