Category: Oregon Workers Compensation
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…
Oregon Court of Appeals Clarifies Occupational Disease Standard
In a recent decision, the Court of Appeals clarified a worker’s burden of proof in an occupational disease claim. Johnston v. Gordon Trucking – Heartland…
Oregon Workers’ Compensation Mental Health Presumption of Compensability
Presumption—it’s a scary word in the world of Oregon workers’ compensation. Last year Oregon passed Senate Bill 507—now codified at ORS 656.802(7)—creating a presumption of…
Trial Attorneys and Unions Pushing for COVID-19 Presumption Legislation
On June 23, 2020, Governor Brown directed the Management-Labor Advisory Committee (MLAC) to explore any gaps in our current workers’ compensation system related to COVID-19,…
The Oregon Court of Appeals doubles down on the two-prong Roseburg Forest test making it easier for a presumptively responsible employer to shift responsibility
In April 2020, the Court of Appeals issued a significant decision regarding responsibility cases. In NAES Corporation v. SCI 3.2, Inc., 303 Or. App. 684…
Annual Adjustment of Attorney Fees in Workers’ Compensation Claims in Oregon
The Oregon Workers’ Compensation Board recently issued a revised Bulletin No. 1 addressing the maximum attorney fee under several statutes. The attorney fees affected by…
Claims Examiner Certification Renewal in Oregon and COVID-19
Three months into the pandemic, we have all seen changes in both our daily lives and in our professional lives. One of these changes has…
In the midst of COVID-19 pandemic, Oregon Court of Appeals issues troubling ruling for processing new/omitted condition claims
The Oregon Court of Appeals issued its decision in Coleman v. SAIF, 304 Or App 122 (2020) on May 13, 2020. Claimant filed a claim…
Oregon Employee Injured While Working from Home? Best Practices to Determine Compensability
With the onset of COVID-19 and statewide stay-at-home orders, a high percentage of today’s workforce is operating from home, or in some variation of remote…
Oregon Workers’ Compensation Rule Updates During COVID-19 Crisis
Needless to say, there have been a lot of changes recently, not just in our daily lives, but also in claim processing issues. The WCD…
Oregon – COVID-19 Incident Reports, Workers’ Comp, Wage and Leave Issues
As Oregon employers continue to face unique issues in the wake of the COVID-19 coronavirus, SBH has assembled this list of commonly asked questions addressing…
Oregon Supreme Court rules that medical services for conditions caused in material part by the work injury incident, not just accepted conditions, are compensable
In a much-awaited decision, the Oregon Supreme Court recently ruled in Garcia-Solis v. Farmers Ins. Co., 365 Or 26 (2019) that medical services for conditions…
WCD Issues New Rules Related to Medical Services
The WCD has written new rules related to medial services that will go into effect April 1, 2019. While there are a number of changes,…
Workers Compensation Board Reviewing Attorney Fees
The WCB is statutorily required to review claimant attorney fees every other year and it just held a public meeting to discuss the issue. Several…
WCD Rulemaking Meeting – Medical Billing/Services
The WCD held another public advisory meeting, this time to discuss the medical billing and medical services administrative rules. Probably the most important and interesting…
WCD Reviewing Rules Pertaining to IME’s and WRME’s
The WCD held a meeting to take public comment on the administrative rules related to Independent Medical Exams (IME’s) and Worker Requested Medical Exams (WRME’s)….
Sather Byerly & Holloway, LLP is excited to announce its Workers’ Compensation Online Certification Program for claims examiners, employers, insurance brokers, and medical providers or…
New Average Weekly Wage Calculation Rules
The Workers’ Compensation Division recently issued new rules for calculating average weekly wage. The new rules will apply to claims with dates of injury on…
Worker’s Compensation Division Addresses House Bill 2338 Regarding Benefits to Surviving Children
The Workers’ Compensation Division issued an Addendum to Bulletin No. 377 on December 8, 2017. The Division issued the addendum to address House Bill 2338,…
Oregon WCD implements new rejection policy for incomplete or incorrect 801 forms
In a June 27, 2017 Industry Notice, the Oregon WCD announced it will reject incomplete or incorrect insurer/employer created 801 and 1502 forms. Insurers and…
Oregon WCD issues Temporary Rules Clarifying Claim Closure Requirements
In our efforts to keep you apprised of the latest developments regarding the Oregon Supreme Court’s decision in Brown (see Andrew’s blog on the case…
WCD Adresses Supreme Court’s Brown v. SAIF decision
The Oregon Supreme Court’s recent decision in Brown v. SAIF, 361 Or 241 (2017) calls into doubt the applicability of the Workers’ Compensation Division rules…
New 801 Form and Medical Treatment
You may have noticed, the Oregon Workers’ Compensation Division has revised the standard Form-801 “Report of Job Injury or Illness.” This form is the normal starting…
Changes to Oregon rules regarding Employer/Insurer Coverage Responsibility effective as of January 1, 2017
OAR 436-050 governs the responsibility of employers and insurers to provide workers’ compensation coverage to subject workers for compensable injuries and illnesses. Many changes to…
