Category: Uncategorized
Voluntary Retirement as a Basis to End Time Loss in Washington
Under Washington law, after a worker removes themselves from the labor market by voluntarily retiring, time-loss benefits are not payable. WAC 296-14-100. However, even in claims where the individual is of retirement age and indicates no intention of re-joining the workforce, it can be difficult to establish voluntary retirement as…
Accuracy in job descriptions is critical to a successful claim closure in Oregon
In a recent Board decision, the Order on Reconsideration and Opinion & Order denying a penalty was set aside for failure to provide an accurate job description. Dawn Price 77 Van Natta 203 (2025). On review claimant contested the accuracy of the job description’s physical requirements for job at injury…
In Oregon, Medical Dispute Denials Are Now a Valid Basis for a WRME Request
In Cheri L. Goss, 77 Van Natta 159 (2025), the Oregon Workers’ Compensation Board reversed an Administrative Law Judge’s (ALJ) decision to uphold the Workers’ Compensation Division’s denial of a worker requested medical examination (WRME). The worker sought review of an ALJ’s Order. On review, the Board considered whether a…
Oregon Time Loss Refresher
In Oregon, time-loss benefits, also known as temporary disability or lost wages, are paid to workers who are unable to work due to a work-related injury or illness. These benefits compensate for lost income while the worker is under a doctor’s care and authorized to remain off work or modified duty….
Oregon Court of Appeals Gives Clarity to Complicated Pre-Existing Condition Cases
In an opinion issued on April 2, 2025, the Oregon Court of Appeals clarified the causation standard that applies when a new/omitted medical condition claim involves a standalone pre-existing condition that is exacerbated by a work injury. In Barnes v. Cache Electric, 339 Or App 371 (2025), the Court of…
Combined Condition Compensability Ping Pong in Oregon
Combined condition processing can present a complicated challenge for employers and insurers. Once compensability has been challenged at the hearing level, and on review, employers and workers must engage in a game of burden shifting ping pong to establish or rebut compensability. Fortunately, the Board recently issued an opinion in…
Timeliness in Washington: Friend or Foe? Washington Courts say “Friend” . . . if you preserve your right
Employers are wise to keep track of deadlines—both their own and those of injured workers. In Washington workers’ compensation cases where a worker does not file a claim in the allotted time, the employer may avoid liability. For injury claims, workers must file their claims within one year of the…
The Oregonian Names SBH Legal A Winner Of The Oregon And Southwestern Washington Top Workplaces, Second Year In A Row!
SBH Legal has been awarded a Top Workplaces 2024 honor by The Oregonian for the second consecutive year. Check out the full list: The Oregonian. This award is based solely on employee feedback gathered through a third-party survey. The confidential survey uniquely measures 15 culture drivers that are critical to the…
Extinguishing the Firefighter Presumption in Oregon Workers’ Compensation
The introduction of H.B. 2915 to the Oregon Legislature, signed into law in the same year, expanded workers’ compensation protection to Portland firefighters who had previously been exempted under Oregon law due to the city’s independent disability and retirement system. This inclusion further gave rise to the need to understand…
Oregonian Names SBH Legal A Winner Of The Oregon And Southwestern Washington Top Workplaces 2023 Award
SBH Legal has been awarded a Top Workplaces 2023 honor by The Oregonian. The list is based solely on employee feedback gathered through a third-party survey. The confidential survey uniquely measures 15 culture drivers that are critical to the success of any organization: including alignment, execution, and connection, just to name…
EEOC Provides Updated Guidance on ADA, Including Implications of New Technology
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued updated guidance for how the American with Disabilities Act (ADA) applies to job applicants and employees with visual disabilities. Earlier this year, the EEOC issued a similar document regarding how the ADA applies to job applicants and employees with hearing disabilities….
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…
When to request a segregation order on a newly contended condition in Washington
The Department of Labor and Industries recently addressed when it believes a request for a segregation order is appropriate on newly contended conditions. A condition is “contended” if it is diagnosed and coverage is being sought due to a causal relationship. If the worker or provider is contending that a…
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….
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…
Applying Dispositive Motions to Presumption Claims in Washington
The Hanford Presumption was created in HB 1723 back in March of 2018. It created a presumption that certain diseases and conditions, enumerated in RCW 51.32.187, are considered occupationally related to Hanford site workers. The presumption applies to respiratory diseases, heart problems, cancer, beryllium sensitization, beryllium disease, and neurological disease….
Take Note: Potential Implications for Oregon COVID Claims?
The Court of Appeals recently issued an opinion in Rogers v. Corvel Enterprise Comp. Inc., 317 Or App 116 (2022) that could have negative implications for self-insured employers, insurers, and third-party administrators in investigating and evaluating COVID claims. In February 2019, claimant (who was a bus driver for Tri-Met) became…
Oregon Vaccine Mandate for Health Care Workers and Educators in Effect on October 18
Governor Brown’s vaccine mandate for Oregon health care workers and educators went into effect earlier this week. On August 19, 2021 Governor Brown implemented a COVID-19 vaccine mandate for health care workers and educators in the state of Oregon. As many may recall, Governor Brown initially mandated a requirement for…
Potential Changes to Oregon Time Loss Rules Coming?
The Workers’ Compensation Section of the Oregon Trial Lawyers Association (OTLA) is currently in the process of drafting a bill with proposed changes to ORS 656.262, 656.268, and 656.319 which they plan to introduce during the 2022 legislative session. All three statues include rules that are applicable to temporary disability…
Oregon Court of Appeals issues favorable decision for employers regarding combined condition processing
Under ORS 656.005(7)(a)(B), “if an otherwise compensable injury combines at any time with a preexisting condition to cause or prolong disability or a need for treatment, the combined condition is compensable only if, so long as and to the extent that the otherwise compensable injury is the major contributing cause…
Is Your Organization Considering Mandating the COVID Vaccine for Employees? What You Need to Know.
Earlier this month, The Department of Veterans Affairs announced it will soon mandate that all health care providers and personnel be fully vaccinated against COVID-19. Similarly, on August 19, Governor Kate Brown declared that all Oregon health care workers and teachers will need to be fully vaccinated by October 18 or…
Oregon In-Person Workers’ Compensation Hearings Appear to Remain on Hold
It was only a few weeks ago vaccination rates were increasing, businesses were reopening to the public, and people were starting to return to their offices. However, with the recent increase in COVID cases and specifically the delta-variant, businesses have had to resume their mask mandate and the return to…
Oregon Health Authority Issues Temporary Rule Requiring Masks Be Worn Indoors Statewide
In response to the significant increase in COVID-19 cases in Oregon, Governor Kate Brown and the Oregon Health Authority (OHA) announced that indoor mask use will be mandatory regardless of vaccination status starting Friday, Aug. 13, 2021. On August 12, OHA issued the rules for the new statewide mask requirement….
COVID Reopening: Can (and should) Oregon Employers Require Employees to be Vaccinated?
As businesses reopen and bring back employees who have been working remotely, many employers are wondering how to manage worksite safety in the pandemic era. One looming question is whether employers can (or should) mandate COVID vaccinations for employees. While employers are not required to mandate the COVID vaccination for…
Trial Attorneys and Unions Pushing for COVID-19 Presumption Legislation
On June 23, 2020, Governor Brown directed the Management-Labor Advisory Committee (MLAC) to explore any gaps in our current workers’ compensation system related to COVID-19, including at looking to whether a presumption of compensability is needed to ensure workers are protected under the current system. The governor instructed the committee…
