Category: Oregon Workers Compensation
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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….
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…
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…
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….
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…
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…
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…
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…
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…
