Category: Oregon Workers Compensation

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…

August 29, 2022
by Erling Hanna

One strike, and you’re out. The two-prongs of the “work-connection” test in Oregon.

There is a fine line employers must consider regarding injuries sustained by employees who are not on property or areas under the employer’s control, and…

August 17, 2022
by Matthew Baker

When can time loss payments cease in Oregon?

Time-loss payments, penalties, and ambiguous medical opinions are hallmarks of the workers’ compensation system. The Oregon Workers’ Compensation Board recently released an opinion implicating all…

August 3, 2022
by Hannah Teig

Oregon Annual Adjustment to Maximum Attorney Fees Effective July 1, 2022

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…

July 6, 2022
by Courtney Kreutz

Rising Gas Prices Warrant Increase in Mile Reimbursement Rate in Oregon

The Oregon Workers Compensation Division issued a Revised Bulletin No. 112 and an updated Form 3921 (Request for Reimbursement of Expenses), to address increasing gas…

June 29, 2022
by Anna McFaul

Who is the attending provider? New Oregon Court of Appeals case provides some insight.

In Oregon, when a worker is treating with multiple providers it can be difficult to identify the attending provider is for purposes of claim closure….

June 1, 2022
by Elyse Lopez

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…

May 25, 2022
by Andrew Evenson

Oregon WCB Issues Troubling Decision Regarding New/Omitted Claim Processing Obligations

The Oregon Workers’ Compensation Board recently issued a troubling decision in Luis F. Nava, 74 Van Natta 372 (2022), which impacts how it finds employers/insurers/administrators…

May 11, 2022
by Evan Novotny

Increased WRMEs in Oregon?

A worker requested medical exam (WRME) is the equivalent of an insurer arranged independent medical exam–but as the title implies, requested specifically by the worker….

May 10, 2022
by Kevin Anderson

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…

May 4, 2022
by Kevin Anderson

Oregon Workers’ Compensation Board Reopening to the Public

After two years of telephonic and video hearings, the Oregon Workers Compensation Board is reopening to the public and starting to set in-person hearings and…

April 21, 2022
by Rebecca Watkins

Partial Denial does not Allow Apportionment of Impairment at Claim Closure in Oregon

On April 21, 2022, the Oregon Supreme Court issued its decision in Johnson v. SAIF Corporation, 369 Or 577 (2022). Johnson caught her hand in…

April 13, 2022
by Matthew Baker

Oregon Supreme Court Affirms Narrow Construction of Exemption To Subject Worker Statute

Employee or contractor? The classification of a worker can impact what benefits a worker is entitled to, and the trucking industry has often been at…

March 30, 2022
by Megan Vaniman

Oregon Court of Appeals determines injury during paid break is not compensable

Are we seeing a shift in the Court of Appeals in relation to injuries during paid breaks?  Recently, in Watt v. SAIF, the Court of…

March 18, 2022
by Kevin Anderson

2022 Legislative Update

The Oregon legislature met for a short regular session in early 2022, but we saw some significant changes to the workers’ compensation system in that…

February 9, 2022
by Anna McFaul

Is an Off-Premises Exercise Injury Compensable When Participating in an Employer Wellness Program?

In the recent Watt case, the Oregon Court of Appeals considered compensability of a claim where the worker was exercising off premises as part of…

January 19, 2022
by Andrew Evenson

Navigating the maze of “combined condition” claim processing in Oregon

Last week, Evan Novotny provided analysis of numerous recent Board and Court of Appeals decisions, which highlight some of the multiple difficulties that employers/insurers/administrators face…

January 12, 2022
by Evan Novotny

Oregon Court of Appeals issues another decision scrutinizing combined condition defenses

We often discuss combined condition acceptances and denials as useful claim processing tools, particularly in closing a claim which may otherwise be difficult to close,…

December 22, 2021
by Kevin Anderson

Oregon Course and Scope Cases Focusing on Where Injury Occurred

In two recent cases, the Oregon Court of Appeals found two off-premises injuries compensable. Charles Davis v SAIF, 316 Or App 301 (2021); Lahna Lynn…

October 6, 2021
by Anna McFaul

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….

September 29, 2021
by Elyse Lopez

Status of In-Person Hearings in Oregon

As we wrap up the 18th month of the COVID-19 pandemic, what does the future hold for Oregon workers’ compensation in-person hearings? The Board remains…

July 7, 2021
by Stephen Verotsky

Effective July 1, 2021 – Oregon Annual Adjustment to Maximum Attorney Fee and Hourly Rate for Statement Fee

The maximum attorney fees awarded under ORS 656.262(11)(a), ORS 656.262(14)(a), and ORS 656.382(2)(d), are tied to the increase in the state’s average weekly wage (SAWW)…

June 30, 2021
by Hannah Teig

On remand from the Supreme Court, Oregon’s Workers’ Compensation Board issues decision addressing whether a referral for a noncompensable condition must be covered under a claim

Courts have made clear that pursuant to ORS 656.245(1), employers are required to pay for “medical services for conditions caused in material part by the…

June 23, 2021
by Anna McFaul

Is an injury in a parking lot compensable in Oregon?

A work injury is compensable if the injury is “arising out of” and “in the course of” employment.  ORS 656.005(7)(a).  The “going and coming rule”…

May 27, 2021
by Elyse Lopez

Unreasonable Claim Closure in Oregon: Why Chronic Condition Impairment Matters

The time has come to close your claim. Your claim closure checklist likely has a section for “chronic condition” impairment but how can you be…