Category: Oregon Workers Compensation
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…
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 Appeals determined an injury that arose while a worker was engaged in an employer sponsored wellness program was not compensable. In Mandes v. Liberty Mutual,…
2022 Legislative Update
The Oregon legislature met for a short regular session in early 2022, but we saw some significant changes to the workers’ compensation system in that brief time. The legislature passed the following changes, although some are currently awaiting the governor’s signature: SB 1560 – Changes “alien” to “nonresident” throughout Oregon…
Is an Off-Premises Exercise Injury Compensable When Participating in an Employer Wellness Program?
In the recent Watt case, the Oregon Court of Appeals considered compensability of a claim where the worker was exercising off premises as part of an employer sponsored wellness program and was injured. Watt v. SAIF, 317 OrApp 105 (1/20/22). Claimant worked a desk job. She participated in an employer…
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 when processing “combined conditions,” as well as when defending combined condition denials in litigation. These rulings are cause for ongoing frustration, because they seem to…
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, but also for apportioning impairment at claim closure and defending against compensability if a claimant has a preexisting condition. ORS 656.005(7)(a)(B) states that “if an…
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 v SAIF, 315 Or App 720 (2021). In Davis, an off-duty pool hall manager verbally escorted a troublesome customer out to the sidewalk. Claimant flicked…
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. Dancingbear v. SAIF, 314 Or App 538 (9/15/21). In this case, claimant and her attorney requested reconsideration of a Notice of Closure. The Order on…
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 closed to the public; this includes all hearing locations. The Board recently issued a notice indicating that “reopening” to the public will not take place…
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) and have increased by 14.06%. On May 27, 2021, the Board published Bulletin No. 1 which sets forth the new maximum attorney fees. The Bulletin…
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 injury,” but that diagnostic services are compensable only if they are “necessary to determine the cause or extent of a compensable injury.” In other words,…
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” provides that injuries sustained while going to or coming from the workplace do not occur “in the course of” employment and therefore are not compensable…
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 confident you’re correctly addressing the issue with the attending physician or closing examiner? Pursuant to OAR 436-035-0019, a worker is entitled to a chronic condition…
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 mediations via videoconference. By all accounts, the videoconference feature was widely accepted and considered largely successful, and the technological aspects were mostly seamless. As COVID-related…
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 appeared to be a fact-finding discussion about self-insurance in Oregon, the bills are scheduled for further discussion at the Management-Labor Advisory Committee (MLAC) on March…
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 and Washington have laws exempting workers temporarily within their borders from their respective workers’ compensation laws. Each state also provides coverage to its workers who…
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 also important tools for developing evidence to defend a denial or use for other disputes in litigation. The following is a list of tips and…
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 compensability. They can also be used to close a claim and allow for apportionment of permanent impairment at claim closure. A combined condition exists when…
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 interesting to watch as they make their way through the legislature. SB 488 This bill proposes amending the statutory definition of occupational disease/occupational injury to…
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 and/or presumed exposures that require quarantine. When processing these claims, keep in mind the Workers’ Compensation Division’s temporary rule, OAR 436-060-0141, that went into effect…
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 comes after the Management-Labor Advisory Committee (MLAC) advised the Department of Consumer and Business Services that the requirement of the Social Security Number caused some…
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 we have already seen in our system this year and outlining their plan for next year. There were a few areas of note from the…
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 claims. Overall, these cases indicate a potential larger shift of court and board interpretation of closure rules. Ultimately, what does this mean for claim closure…
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 full measure of impairment stemming from a combined condition where the work injury was a material contributing cause of the impairment as a whole. In…
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 Supreme Court which remanded the case to the Court of Appeals in 2019. It appears, however, we finally have an answer to the question of…
