Category: Statute and Rule Updates

April 14, 2021
by Elizabeth Aaberg

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…

January 21, 2021
by Michael Godfrey

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…

September 9, 2020
by Randi Ensley

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…

August 21, 2020
by Kevin Anderson

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…

April 1, 2020
by Elizabeth Aaberg

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),…

March 20, 2020
by Randi Ensley

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…

February 25, 2020
by Laurel

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…

November 5, 2019
by Megan Vaniman

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…

March 27, 2019
by Kevin Anderson

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,…

November 14, 2018
by Kevin Anderson

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)….

February 23, 2017
by Kevin Anderson

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…

January 20, 2017
by David White

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…

January 13, 2017
by Kevin Anderson

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…

January 5, 2017
by Megan Vaniman

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…

December 29, 2016
by Megan Vaniman

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…

July 13, 2015
by Kevin Anderson

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…