Category: Oregon Workers Compensation
Surgery in Oregon? Here’s What to Know
The Oregon Workers’ Compensation Division recently added some new deadlines to be aware of when dealing with surgery requests in the MCO context. You can…
OREGON: “Exclusive Remedy” win for employers/administrators/insurers at Oregon Court of Appeals
On April 10, 2024, the Oregon Court of Appeals issued a ruling reiterating the importance of the exclusive remedy clause under ORS 656.018. The case,…
Oregon Board finds “going and coming” rule does not apply to worker crossing street to retrieve work clothes from her vehicle
A recent Oregon Workers’ Compensation Board case, In re Cambria Souza, 76 Van Natta 130 (2024), found a workers’ injury compensable where they were hurt…
Navigating the Pitfalls of Oregon Workers’ Compensation. The Ins and Outs of Injury under a Combined Condition.
We are all familiar with the idea of a “compensable injury” in Oregon workers’ compensation law. A compensable injury is any injury sustained while performing…
New Rules Impacting MCO Enrolled Claims in Oregon – Effective April 1, 2024 and October 1, 2024
The Department of Consumer and Business Services Workers’ Compensation Division amended several provisions of the OAR that will directly impact MCO enrolled claims in Oregon….
Ordered to accept a new/omitted condition in Oregon? Combined condition processing remains a responsive option
On January 9, 2024, the Workers’ Compensation Board ruled in Maria F. Opferman, 76 Van Natta 10 (2024), that the employer’s post-litigation acceptance of a…
Oregon Injured Worker Not Cooperating? There’s a Denial for that.
Insurers or self-insured employers are required to conduct a reasonable investigation based on all available information” in order to decide whether to accept or deny…
Reminder – Significant changes to Oregon claim closure requirements and temporary disability notices
The start of the year brought several updates to the administrative rules governing claim closure, reconsideration, claim administration, and vocational assistance to injured workers. Carriers…
Extinguishing the Firefighter Presumption in Oregon Workers’ Compensation
The introduction of H.B. 2915 to the Oregon Legislature, signed into law in the same year, expanded workers’ compensation protection to Portland firefighters who had…
Oregon WCD Proposing New Medical Treatment and Billing Rules
The Oregon Workers’ Compensation Division had a public comment meeting in November 2023 to discuss issues related to the medical fee schedule, medical services, and…
Ensuring Temporary Disability Benefits Issue Timely in Oregon
Whether an insurer timely paid temporary disability benefits in Oregon is one of the most heavily litigated issues in workers’ compensation. Late-payments create exposure for…
Flare-Ups, Aggravation, and Combined Conditions: When is Arthritis Compensable in Oregon workers’ compensation?
If a worker with longstanding cervical arthritis injures her neck while lifting a box at work, can the arthritis itself be a compensable condition under…
Oregon Administrative Claim Closure Requires Strict Compliance with the Rule
Administrative closure can be a useful tool for processing an Oregon Workers’ Compensation claim to closure where a worker is inconsistent or non-compliant with treatment…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
