Category: Oregon Workers Compensation
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…
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,…
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…
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….
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…
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)…
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…
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”…
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…
The Future of Live Hearings in Oregon Workers’ Compensation
Last September, I wrote about the Oregon Workers’ Compensation Board’s (WCB) announcement of its upcoming utilization of Zoom for Government to facilitate administrative hearings and…
Oregon Legislature Considering Dismantling Self-Insurance in Oregon
The Senate Committee on Labor and Business recently held a public hearing on two concerning pieces of legislation, SB-801 and SB-802. While the hearing initially…
The Pacific Northwest Worker: Subjectivity of the Traveling Employee
Given their proximity to each other, workers’ in Oregon and Washington often find themselves traveling to/from both states as part of their jobs. Both Oregon…
Tips and Tricks for Independent Medical Exams (IMEs)
Independent medical examinations (IMEs) are a great tool for claims examiners to use in processing at the beginning, middle, and end of claim. They are…
Combined Conditions in Oregon Workers’ Compensation: Not always a Simple Open and Shut Case
Combined condition acceptances and denials can be a useful claim processing tool in Oregon for several reasons. They can be used as a defense against…
Oregon’s 2021 Legislative Session has Started: SBH’s Watchlist
The Oregon State legislative session for 2021 is underway and we have seen several bills introduced in the House and the Senate that will be…
As COVID-19 cases continue to surge, keep in mind OAR 436-060-0141 requirements before issuing a denial
As COVID-19 cases continue to surge in Oregon, it is reasonable to anticipate a corresponding surge in workers’ compensation claims related to confirmed COVID-19 cases…
New Oregon 801 Form Effective January 1, 2021
The Workers’ Compensation Division implemented a new 801 and 827 form–effective January 1, 2021. The new 801/827 forms remove the Social Security Number. The removal…
Oregon MLAC Holds Final Meeting for 2020
The Management Labor Advisory Committee (MLAC) held what is most likely its final meeting of 2020. Much of the meeting was recapping the significant changes…
Shift in Oregon Claim Closure Analysis?
As of recently, the Oregon Supreme Court, Court of Appeals, and Workers’ Compensation Board have issued significant decisions relating to closure of Oregon workers’ compensation…
Oregon Court of Appeals Expands on Supreme Court’s Holding in Caren in Robinette v. SAIF
Last year, in Caren v. Providence Health System Oregon the Oregon Supreme Court held that without a preclosure combined condition denial employers must pay the…
Court of Appeals reconsiders Meyers v. SAIF in light of the Supreme Court’s opinion in Gadalean
Meyers v. SAIF has been a long time coming– the case has been on appeal since 2013, traveling all the way up to the Oregon…
Oregon WCD Issues Revised Temporary Rule on Claims for COVID-19 or Exposure to COVID-19
The Workers’ Compensation Division has issued OAR 436-060-0141, a temporary rule addressing claims for COVID-19 and claims for exposure to COVID-19. The rule will remain…
As the COVID pandemic continues, where does the Oregon Workers’ Compensation Division stand on telemedicine?
In March 2020, the Division set out temporary rules to address fees related to telemedicine appointments following Governor Brown’s “Stay at Home Order.” The temporary…
Oregon Workers’ Compensation Board now administering hearings and mediations via “Zoom” platform
Since April, under Governor Brown’s “Stay home, Save lives” Executive Orders, the Workers’ Compensation Board (WCB) hearings divisions have not administered any in-person hearings or…
New Rules in Oregon Affecting Assessed Attorney Fees in Workers’ Compensation Cases
The Oregon Workers’ Compensation Board (“WCB”) met on August 18, 2020 to finalize two new rule proposals affecting attorney fees for claimant’s counsel. First, the…