Category: Statute and Rule Updates
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…
Big Changes to Structured Settlements with Passage of Washington’s Senate Bill 5046
A claim resolution structured settlement agreement (“CRSSA”) is a type of settlement agreement that can be utilized in matters involving claimants of at least 50 years of age with accepted claims older than 180 days. CRSSAs are effective tools to globally resolve claims as they allow the parties to settle…
Washington Legislature Begins 2021 Session: Senate Bill 502
The Washington Legislature started its 2021 session on January 11, 2021 and recently began deliberations on several bills including Senate Bill 5102 which includes numerous troublesome provisions relating to the administration of independent medical examinations, claim file updates/document transmission to the Department of Labor & Industries, and limiting evidence before…
Proposed Unemployment Rule May Impact Oregon Employers-Feedback Due by October 21
On September 3, 2020, the Employment Department issued a Notice of Proposed Rulemaking of Oregon Administrative Rule (OAR) 471-030-0071. The proposed rule (found here) gives the Department the authority during a declared state of emergency or public health emergency to change eligibility requirements to receive unemployment insurance benefits and the…
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 WCB will allow information about the claimant’s attorney’s hourly rate to be considered when awarding an assessed fee. This will be an additional factor to…
Washington: COVID 19 and Voluntary Termination/Unemployment Benefits
Workers’ Compensation Is time loss due if a worker performing modified duty takes a voluntary layoff in the context of COVID-19? According to RCW 51.32.090(4), if a worker is performing modified duty and that modified duty “comes to an end”, before his or her recovery is sufficient to permit a…
Effective April 2nd: Employers Must Provide Paid Sick Leave and Paid FMLA Leave Related to COVID-19
On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (HR 6201) into enactment. These provisions are to take effect no later than April 2, 2020 and will expire on December 31, 2020. They cover employers with fewer than 500 employees including public and non-profit employers. The…
SBH Attorney Aaron Bass Testifies in Front of Washington State Senate
Attorney Aaron Bass testified on behalf of Washington Self-Insurers Association in opposition to SHB 2409. The bill not only increases the penalty amounts, it imposes a new vague “fair conduct” standard and includes a “per occurrence” multiplier on self-insurance penalties. Attorney Bass used his time to point out the grossly…
Oregon Legislature Makes Sweeping changes with Workplace Fairness Act
In response to the national #metoo movement, the Oregon legislature passed the 2019 Oregon Workplace Fairness Act. The Workplace Fairness Act (the “Act”) takes aim at employer’s employment agreements, settlement agreements, anti-harassment and discrimination policies as well as increasing the statute of limitations for a number of unlawful employment actions….
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, here are a couple of the most significant: MCO’s Requires MCO when less than 3 providers in a provider category in a geographical service area,…
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). Some of the more lively discussions centered around whether IME providers should be required to produce their report within a certain time frame with…
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 place for many claims and used throughout the claims administration process. The new revisions include acknowledgements by both the worker and employer regarding the worker’s…
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 an employer/insurers coverage responsibility went into effect at the start of the New Year. Some of these changes were stylistic and meant to provide improved…
Changes to Oregon Employer-at-Injury Program effective as of January 1, 2017
OAR 436-105 explains who qualifies for and how to request assistance and reimbursement from the Employer-at-Injury Program (EAIP). The EAIP encourages early return to work by providing incentives to employers from the Workers’ Benefit Fund. Several changes were made to the EAIP administrative rules and vocational assistance rules. The following…
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 changes that claim’s administrators should be aware of. Please note that the below list and recommendations is not a complete list of changes to Division…
New Oregon WCD Rules go into effect January 1, 2017
Earlier this year, the Oregon Workers’ Compensation Division proposed extensive changes to division rules. The rule changes go into effect on January 1, 2017. The following OAR 436 divisions include changes: – 050, Employer/Insurer Coverage Responsibility – 060, Claims Administration – 105, Employer‐at‐Injury Program – 110, Preferred Worker Program –…
Oregon Legislature Increases Claimant’s Attorney Fees
The Oregon Legislature adjourned at the end of June and it is clear some major changes are coming for businesses, small and large, in the state. One of those changes is House Bill 2764, which significantly expands the attorney fees awarded to claimant’s attorneys in workers’ compensation claims. While there…
