Category: Oregon Workers Compensation
There’s a fee for that! The Oregon Court of Appeals authorized the award of attorney fees incurred while litigating the reasonableness of an attorney fee award.
In the case of Peabody v. SAIF, 326 Or App 132 (2023), the Oregon Court of Appeals addressed appeals brought by Ms. Peabody regarding entitlement to attorney fees. The Court of Appeals ultimately reversed the Oregon Workers’ Compensation Board’s decision denying the award of an attorney fee to claimant’s attorney…
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 if the medical services were due in material part to the work accident. Garcia-Solis v. Farmers Ins. Co., 365 Or 26 (2019). This remains the…
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 closure and overpayment issues. These changes have already been made, but will not apply to claims until January 1, 2024. First, when determining claimant’s medically…
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 permanent disability benefits, aggravation rights, and entitlement to vocational services. Disputed Claim Settlement Agreements (DCSs) affirm partial and complete claim denials and, if a current…
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 by the Workers’ Compensation Board. Oregon workers’ compensation statutory and regulatory scheme provides that the Board has jurisdiction over “matters concerning a claim.” ORS 656.283(1);…
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 attorney fees the Board awarded in the 2021 calendar year. You can find the complete report here. The total attorney fees awarded to claimant are…
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 employers to upload their annual audit and report of loss information. In recognition that these times are a-changin,’ the WCD has now expanded the use…
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 compensability. To prove compensability of a stress claim, the worker must show their employment conditions are the major contributing cause of the disorder and must…
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 and significant revisions from HB 4138 (regarding overpayments) will not be in effect until January 1, 2024. Apportionment of PPD in light of Johnson v….
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 fee under ORS 656.383(1) when that attorney obtains additional temporary disability compensation during a reconsideration proceeding. The Workers’ Compensation Division (WCD) began drafting rules to…
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 cause (greater than 50%) of the alleged disorder. ORS 656.802(2)(a). Further, the worker must also establish that there is a diagnosis of a mental or…
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 services or resulting in disability or death. This seems simple enough, and a reasonable person might conclude the word “injury” will mean the incident throughout…
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 McConnell, 74 Van Natta 536 (2022). The attending physician provided a report confirming claimant was released to regular duty regarding the accepted condition (CTS), but…
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 it can be difficult to determine the moment an employer is responsible for processing such injuries. Employers who provide clients with in-home care, undertaken by…
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 three when it ruled an employer was subject to penalty for unreasonably failure to pay time-loss based on interpretation of the attending physician’s chart note….
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 ORS 656.308(2)(d). Per ORS 656.262(11)(a) and ORS 656.308(2), maximum attorney fees under these subsections are adjusted annually by the same percentage made to the state’s…
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 prices. Effective July 1, 2022, an injured worker is entitled to reimbursement for personal mileage expense equal to 62.5 cents per mile. This represents a…
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. The rules dictate that an attending provider is primarily responsible for the care and treatment of the compensable injury, authorizing temporary disability, and prescribing and…
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 recall, the Court of Appeals ultimately determined that a worker’s attorney can be awarded an assessed fee under ORS 656.383(1) when that attorney obtains additional…
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 must process compensable injury claims. In Nava, claimant sustained a compensable work injury on March 13, 2017. Two days later, a left knee MRI showed…
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. Under ORS 656.325(1)(e), there are three main criteria when a worker can request a WRME: The insurer has issued a compensability denial, on which the…
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 benefits. I know from the meeting many of our wonderful clients provided some excellent input to help the WCD. A copy of the full agenda…
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 mediations. The roll out will be gradual and the WCB will still be taking health and safety precautions for all in person events. Hearings set…
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 an elevator door at work. SAIF accepted various finger contusions/abrasions, but later denied a request to add a rotator cuff tear to the claim. The…
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 the forefront in the debate over classification. The Oregon Supreme Court recently held a restricted leasehold interest in a vehicle is insufficient to exempt a…
