Category: Uncategorized
Oregon – COVID-19 Incident Reports, Workers’ Comp, Wage and Leave Issues
As Oregon employers continue to face unique issues in the wake of the COVID-19 coronavirus, SBH has assembled this list of commonly asked questions addressing workplace rights and responsibilities for incident reports, workers’ compensation claims, and other employment-related concerns. When should an OSHA Injury and Illness Incident report be…
Employer Disability and Leave Roundtable
Join SBH for the next Employer Disability and Leave Roundtable September 10, 2019. We invite you to join us September 10th for the next Kaiser Permanente/Sather Byerly & Holloway Employer Disability and Leave Roundtable. SBH’s Rebecca Watkins and Dr. Carrie Davino-Ramaya will host a roundtable discussion of real-life leave scenarios…
WCB issues new rules related to translation of written documents at hearing
After several months of deliberation, the board passed new rules requiring translation of non-English documents for hearing. OAR 438-007-0045. The parties can either stipulate to the translation, or the party offering the document must include an English translation. Any dispute regarding the translation will be resolved by the ALJ and…
2019 Oregon Legislative Update
It has been a busy year in the Oregon legislature, but there has been only one major change to the statutes governing workers’ compensation. Senate Bill 507 creates a new presumption of compensability for certain mental health claims filed by first responders working for public entities. If a claim does…
Join Me at the 17th Annual SBH Oregon Claims Professional Workshop
SBH is hosting its 17th annual Oregon Claims Professional Workshop on November 2, 2017 at the Holiday Inn in Wilsonville. Covered topics include lessons in investigations, the intersection of Oregon workers’ compensation and employment leave laws, issues related to the “course & scope” of employment, dealing with concussions and post-concussion…
Benefit to Employers Who Offer Paid Family Leave
Are you an employer who offers paid family and/or medical leave? If so, you may qualify for a tax credit for tax years 2018 and 2019. Depending on how much you pay an employee while on family or medical leave, you may be able to claim between a 12.5% –…
BOLI issues proposed rules for Equal Pay Law
The Oregon Bureau of Labor and Industries (“BOLI”) recently issued proposed rules implementing the Oregon Equal Pay Law, most provisions of which take effect on January 1, 2019. The full text of the proposed rules is available on the BOLI web site here. Comparable Character The Equal Pay Law prohibits employers…
Sather, Byerly & Holloway Welcomes New Partner
Sather, Byerly & Holloway, LLP is pleased to announce Rebecca Watkins is a partner effective July 1, 2018. Rebecca manages the firm’s appellate department. She advises employers on policy development and employment decisions. She also represents Oregon and Washington clients in court before administrative agencies on disputes relating to…
Join Sarah Ewing in WSIA’s Webinar Discussing the New Paid Family & Medical Leave Law
Please join me on October 6, 2017 as I present with other panelists in a live webinar to discuss Washington’s new Paid Family & Medical Leave Insurance law. The webinar will discuss Washington’s newly adopted paid family leave insurance program including the origin of the law, the obligations on employers,…
Oregon’s Distracted Driving Law Goes into Effect October 1
As of October 1, 2017 any use of mobile devices will be prohibited while driving in Oregon. Like the law in Washington, which went into effect this summer, the new Oregon law prohibits drivers from holding or touching their mobile devices or using any function of the phone while driving…
Washington passes strict distracted driving law
Hopefully you are reading this blog post from the safety of your computer and not while driving. If you are using your cell phone to read this while on your morning commute, you could be violating a newly passed Washington Law. Governor Jay Inslee signed a measure that will prohibit…
Join SBH Attorney Lauren Oda at WSIA Region Meetings
Lauren Oda will be presenting with orthopaedic surgeon Scott Kitchel, M.D. at four WSIA Region Meetings in April. Lauren and Dr. Kitchel will discuss common orthopaedic injuries of the spine and various mechanisms of injuries. The presentation will also discuss strategies for writing clear and concise IME cover letters to…
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 settlements and claims disposition agreements. The Board increased attorney fees on Disputed Claim Settlements and Claims Disposition Agreements. Previously attorneys were awarded 25% of the…
Join SBH at the DMEC ADAAA/Family Leave Roundtable
Please join me on Wednesday April 6, 2016 at the DMEC ADAAA/Family Leave Roundtable. This is a great opportunity for employers to bring questions and share ideas about ADA and Family leave. This is an open forum with a focus on problem solving. I will be there to discuss legal…
New Bill Alters Timeline for Initial Time Loss Payment
On January 1, 2016, House Bill 2797 went into effect, modifying when initial temporary disability payments must be made. Prior to January 1, 2016, if there was medical authorization for payment of time loss benefits, the insurer was required to begin paying benefits no later than 14 days after the…
Registration now open for OEC fall conference.
The Fall OEC conference will take place October 5th & 6th at Spirit Mountain Casino. Programming includes training on wage and hour, safety rules, employee retention, LGBT issues in the workplace, and a panel on Workforce Issues with participants from BOLI, Community Colleges and Workforce Developmant, and the Oregon Employment Department. …
LHWCA Caselaw Update
Over the last three months there have been several noteworthy decisions under the Longshore and Harbors Workers’ Compensation Act. In M.K. v. California United Terminals, 2009 WL 525237 (BRB 08-0392, 08-0450, 08-0606, 2009), the Board held the ILWU-PMA’s §17 lien claims and all claims for reimbursement of medical expenses under…
Up in smoke? What Measure 91 means for your Employment Policy
On July 1, 2015, Measure 91 goes into effect in Oregon, signifying recreational marijuana’s legality statewide. Of course, its “legality” comes with several limitations. Measure 91 allows Oregonians to grow limited amounts of marijuana on their property, to possess up to eight ounces of usable marijuana in their homes, and…
Court of Appeals clarifies compensability analysis for medical services.
By: Rebecca Watkins This month, SBH received favorable decisions from the Court of Appeals in two cases addressing compensability of medical services under ORS 656.245(1). In Vukasin v Liberty NW (May 13, 2015), the worker had a 2000 ankle injury with several accepted and denied conditions. In 2009, she had…
Large Increase in Oregon Average Weekly Wage
By: Lauren Oda The Workers’ Compensation Division issued the revised Bulletin 111 May 18, 2015. According to the Bulletin, Oregon’s State Average Weekly Wage (SAWW) increased 3.8% in the last year from $888.38 to $922.39. The increased Average Weekly Wage is effective July 1, 2015. The TTD rate on open…
Oregon Supreme Court hears oral arguments in Brown v. SAIF
By: Megan Vaniman In May 2014, the Oregon Court of Appeals issued Brown v. SAIF, 262 Or App 640 (2014). The case changed the test for closing an accepted combined condition claim. Prior to the case, in order to close a combined condition claim, a carrier had to prove the…
Supreme Court allows personal estate to pursue Workers’ Compensation Claims
By: Steve Verotsky Recently, the Oregon Supreme Court reversed the Workers’ Compensation Board and Court of Appeals and determined that a worker’s estate is authorized to pursue the hearing request to its final conclusion Gary D. Sather v. SAIF, 357 Or 122 (2015). If a worker files a request for…
Highest State Court finds PERS reform unconstitutional
By: Rebecca Watkins In a decision issued April 30th, the Oregon Supreme Court struck down a key provision of 2013 legislation concerning the Public Employees Retirement System. The legislature reduced cost of living adjustments (COLA) for current PERS retirees to cut costs. In a decision that many predicted, the Court…
Federal Court ruling suggests that every disabling Workers’ Compensation claim should trigger ADA interactive process
By: Krishna Balasubramani Judge Michael Simon issued a decision in Dunlap v. Liberty Natural Products, Inc. (April 20, 2015) addressing the overlap between the ADA and a Workers’ Compensation claim. The Defendant employer received a Notice of Closure that “classified Plaintiff’s claim as disabling under Oregon workers’ compensation law.” He…
Could an Increase in Assessed Attorney Fees be Coming?
By: Megan Vaniman House Bill 2764 was introduced to the House Floor on April 20, 2015. HB 2764, spearheaded by the Oregon Trial Lawyers Association, is wide-reaching and proposes to increase or create new bases for attorney fee awards. HB 2764 has the potential to significantly increase employers’ workers’ compensation…
