Category: Oregon Workers Compensation

July 16, 2024
by Courtney Kreutz

New Oregon Rule Governing Subsequent Temporary Disability Payments Beginning July 1, 2024

On July 15, 2024, the Oregon Workers’ Compensation Division issued an Industry Notice outlining the rule change for the payment of subsequent temporary disability benefits….

July 9, 2024
by Megan Vaniman

Oregon Attorney Fees in Certain Workers’ Compensation Matters Increased as of July 1, 2024

In Oregon Workers’ Compensation, attorney fees for representation of a claimant are controlled by statute. Certain attorney fees associated with penalties for unreasonable claim processing…

July 2, 2024
by Matthew Baker

How exclusive is the exclusive remedy in Oregon Workers’ Compensation?

At the core of the Oregon workers’ compensation system is a compromise between workers’ and employers. Employers must provide benefits for work-related injuries even when…

June 20, 2024
by Hannah Teig

Oregon Court of Appeals Upholds Nava Rule

In Nava v. SAIF, 333 Or App 196 (2024), claimant sought judicial review of the Board’s denial of penalty and attorney fees under ORS 656.262(11)(a)…

June 11, 2024
by Evan Novotny

Oregon: Processing Proposed Surgical Authorization Requests Is Not Solely Based on Accepted Conditions

In 2019, the Oregon Supreme Court held that medical services materially related to the work injury are compensable under ORS 656.245 and are not limited…

May 31, 2024
by Jessica Fox

OREGON: When post-denial IME reports are submitted as evidence at hearing to bolster denial, Court of Appeals declares denial is based on the post-denial IME report.

On April 17, 2024, the Oregon Court of Appeals issued a ruling in Teitelman v. SAIF that a Worker Requested Medical Examination (WRME) can be…

May 16, 2024
by Stephen Verotsky

In Oregon, Delay In Seeking Clarification From Attending Physician Regarding an IME, PCE, and Regular Work Release Can Result in Unreasonable Refusal to Close.

The Oregon Workers’ Compensation Board is holding carriers to a high standard when it comes to securing the evidence needed to rate impairment and work…

April 30, 2024
by Kevin Anderson

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…

April 16, 2024
by Elyse Waters

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,…

April 8, 2024
by David White

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…

March 21, 2024
by Dee Akinbosade

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…

March 18, 2024
by Katerina Wolfe

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….

March 5, 2024
by Andrew Evenson

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…

February 20, 2024
by Daisha Barnes

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…

February 9, 2024
by TJ Bhullar

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…

January 31, 2024
by Dee Akinbosade

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…

January 30, 2024
by Kevin Anderson

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…

January 16, 2024
by Courtney Kreutz

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…

December 20, 2023
by Matthew Baker

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…

December 8, 2023
by Evan Novotny

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…

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…