Category: Oregon Workers Compensation

November 22, 2023
by Christina Joseph

Beware of Fees on Fees in Oregon Workers’ Compensation Cases

In the case of Taylor v. SAIF, 329 Or App 135 (2023) (Taylor II), the Court of Appeals overturned the decision of the Workers’ Compensation…

November 6, 2023
by Stephen Verotsky

Can a denial in Oregon based on an independent record review trigger entitlement to WRME?

Recently, the Oregon Workers’ Compensation Board confirmed that entitlement to a worker requested medical examination (WRME) is only triggered when the employer’s denial is based…

October 25, 2023
by Kevin Anderson

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…

October 11, 2023
by Elyse Waters

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…

September 26, 2023
by Andrew Evenson

Investigations and Compensability Standards

Industrial Injury? Occupational Disease? Combined Condition? Under what theory of compensability should you investigate an initial claim for compensation? All of them! Under Oregon Administrative…

September 6, 2023
by Anna McFaul

What evidence is necessary to support a ceases denial in Oregon?

ORS 656.262(6)(c) authorizes an administrator to deny an accepted combined condition if the compensable injury ceases to be the major contributing cause of the combined…

September 1, 2023
by Katerina Wolfe

Acute Stomach Pain and the Sheepherder–Oregon Court of Appeals issues decision on course and scope

The Oregon Court of Appeals issued a non-precedential memorandum opinion on an interesting case recently involving a worker who experienced an acute medical condition, a…

August 16, 2023
by David White

New Law Restricting “No-Rehire Provisions” In Oregon Workers’ Compensation Settlement’s Takes Effect

On July 27, 2023 Oregon Governor Tina Kotek signed HB 3471 into law. The bill places restrictions on when a “no-rehire” provision can be included…

July 27, 2023
by Courtney Kreutz

Denying an Oregon Claim Based on an IME? Read This!

At this point, you can probably issue a claim denial in your sleep. You know the denial must state the factual and legal reasons for…

July 13, 2023
by Megan Vaniman

Oregon Annual Adjustment to Maximum Attorney Fees Effective July 1, 2023

It’s that time of year again, the Oregon Workers’ Compensation Board published the annual adjustment to attorney fees awarded under ORS 656.262(11)(a); ORS 656.262(14)(a); and…

June 27, 2023
by Matthew Baker

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…

June 13, 2023
by Evan Novotny

Oregon Court of Appeals Rejects Claimant Argument to Expand Meaning of “Compensable Injury” for Purposes of Assigning Permanent Impairment

On June 7, 2023, the Oregon Court of Appeals issued its Opinion on Gramada v. SAIF, refusing to expand the meaning of the term “compensable…

June 2, 2023
by Christina Joseph

There’s a fee for that! The Oregon Court of Appeals authorized the award of attorney fees incurred while litigating the reasonableness of an attorney fee award.

In the case of Peabody v. SAIF, 326 Or App 132 (2023), the Oregon Court of Appeals addressed appeals brought by Ms. Peabody regarding entitlement…

May 11, 2023
by Stephen Verotsky

Compensability of Medical Treatment in Oregon – Standard: Related in Material part to “Work Injury” or Directed to Accepted Conditions

In 2019 the Oregon Supreme Court determined that medical services under ORS 656.245 for an unclaimed, unaccepted condition can be the responsibility of a carrier…

May 5, 2023
by Kevin Anderson

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…

April 5, 2023
by Andrew Evenson

Oregon State Legislature likely to pass House Bill 3471, creating new law for future “global” workers’ compensation settlements

Oregon workers’ compensation claim settlements come in many forms. Claim Disposition Agreements (CDAs) resolve disability entitlements related to an accepted claim, such as temporary and…

March 6, 2023
by Anna McFaul

Where should Oregon Claim Disputes be Decided?

When Oregon workers’ compensation claim disputes arise, it is important to assess whether the dispute should be heard by the Oregon Workers’ Compensation Division or…

March 2, 2023
by Katerina Wolfe

Are Oregon Attorney Fee Awards Higher in Workers’ Compensation? Yes!

It is not your imagination. The Workers’ Compensation Board published their Annual Attorney Fee Report on January 19, 2023, which includes a breakdown of the…

February 9, 2023
by Courtney Kreutz

ARU and MRT Electronic Uploads – Oregon WCD Expands Use of its Portal

Unlike the portal utilized by the Oregon Workers’ Compensation Board, the Workers’ Compensation Division’s portal had very limited use – it allowed insurers and self-insured…

January 11, 2023
by Anna McFaul

What information should be considered when assessing compensability of an Oregon stress claim?

When confronted with a stress claim, it is important to assess all relevant aspects of employment factors, excluded factors, and nonwork related factors in determining…

December 22, 2022
by Evan Novotny

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…

November 16, 2022
by Stephen Verotsky

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…

October 19, 2022
by Andrew Evenson

Processing a stress claim in Oregon and taking a recorded statement? Here are some recommendations.

As an occupational disease, to establish compensability of a mental disorder/stress claim, the Oregon worker must prove that his/her employment conditions are the major contributing…

October 10, 2022
by Matthew Baker

What does the word “injury” mean in Oregon workers’ compensation law?

The definitions section of ORS 656 defines a “compensable injury” as an accident injury arising out of and in the course of employment requiring medical…

September 21, 2022
by Kevin Anderson

Chronic Condition Award Does Not Automatically Result in Work Disability in Oregon

The Oregon Workers’ Compensation Board recently issued a helpful decision when it comes to determining permanent work restrictions and dealing with the reconsideration proceeding. Richard…