Category: Oregon Workers Compensation
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…
Changes to OAR 436-060 effective as of January 1, 2017
In 2016, the Workers’ Compensation Division drafted changes to OAR 436-060. These changes went into effect on January 1, 2017. Below, I have outlined several…
Board’s new attorney fee rules go into effect on November 1.
The Oregon Workers’ Compensation Board passed revised attorney fee rules on October 13, 2016. The most significant changes involve increased attorney fees for disputed claims…
When is an injury sustained in an employer-controlled parking lot NOT compensable?
As a general rule, injuries sustained by employees when going to and coming from their regular workplace are not deemed to arise out of and…
Reasonable Denials?
The reasonableness of a denial turns on the existence of “legitimate doubt as to liability” and is measured based on the available information at the…
When is a worker a “subject worker?”
The vast majority of workers in Oregon will be subject to the workers compensation system, with some exceptions. It is important to consider whether an injured…
Attorney Fees for Claimant Statements/Depositions
As of January 1, 2016, worker’s attorneys have been entitled to a new hourly attorney fee for “actual time spent during the personal or telephonic…
Oregon Legislature begins Short Session
The Oregon Legislature met on February 1, 2016 beginning a 35-day “Short Session.” In 2010, Oregon approved these sessions in even numbered years to allow…
Reminder-CDA Requirements
A Claims Disposition Agreement—better known as a CDA—is a great tool to settle accepted claims. Once a claim is accepted, the claimant retains rights to…
