Category: Uncategorized

November 21, 2014
by Kevin Anderson

WCD Seeks Input on Significant Changes to OAR 436

By:  Kevin Anderson Over the last few months, the Oregon Workers’ Compensation Division was considering making significant changes to OAR 436 in light of two…

November 20, 2014
by Rebecca Watkins

Oregon Bureau of Labor & Industries Seeks Comments on Proposed Rule Changes

By:  Rebecca Watkins The proposed changes include a number of “housekeeping” items that simply update language or make it consistent throughout the rules, and to…

October 13, 2014
by Kevin Anderson

Workers’ Compensation Division Proposes Drastic Overhaul to OAR 436

By:  Kevin Anderson Back in May, we let you know about a Court of Appeals decision that could have drastic changes to processing combined conditions. …

October 8, 2014
by Sarah Ewing

Two favorable decisions from the Washington Court of Appeals.

By:  Sarah Ewing Two recent published cases from the Court of Appeals both are favorable to employers. Mario Arriaga v. Department of Labor and Industries…

September 12, 2014
by Sarah Ewing

Can you be terminated for being a jerk at work?

Since the 2008 ADA amendments, the ADA seems to get bigger and bigger as more impairments are given protection.  The Ninth Circuit recently overturned a…

May 22, 2014
by Megan Vaniman

Brown v. SAIF: End of the Combined Condition?

A recent Court of Appeals decision changes the test for closing an accepted combined condition claim.  What does Brown v. SAIF mean for employers and…

May 20, 2014
by Lee Ann Lowe

Washington Court of Appeals finally issues long-awaited Zimmerman opinion.

In Board of Industrial Insurance Appeals v. South Kitsap School District and Daniel Zimmerman, issued today, the Court of Appeals addressed the extent of the…

April 1, 2014
by Lee Ann Lowe

L&I Responsible for Post-Pension Medical Treatment When Second Injury Fund Relief Has Been Granted

The Court of Appeals has determined when Second Injury Fund relief has been granted, the Department, not the employer, is responsible for payment of post-closure…

March 28, 2014
by Lance Johnson

Third Party Election Letters: Administrative Rule Changes Effective April 1, 2014

OAR 438-011-0055, effective April 1, 2014, mandates a new procedure for notifying claimants of third party election rights. Paying agencies must serve a written election…

March 17, 2014
by Rebecca Watkins

Upcoming Work Sessions for Oregon Employers

The Oregon Employment Department and various workforce groups are hosting forums throughout the state in March and April to gather employer input.  The goal is…

March 5, 2014
by Sarah Ewing

FMLA vs. Paid Vacation Days: New Case from the Ninth Circuit

Do you have a FMLA policy that requires an employee to first exhaust paid vacation time that runs concurrently with the FMLA leave?  What would…

February 28, 2014
by Jamie Carlton

Join me at the ADA FMLA Employer Work Group March 6th

Kaiser Permanente and DMEC are partnering up and sponsoring an employer work group in response to continuing questions regarding ADA and family leave.  This will…

November 15, 2013
by Lee Ann Lowe

New Washington Appellate decision limits Department discretion to authorize additional medical treatment under RCW 51.36.010 to cases closed with permanent total disability.

In Dep’t of Labor and Indus. v. Slaugh, decided October 31, 2013, the Washington Court of Appeals, Division III reversed a BIIA Order allowing ongoing…

November 11, 2013
by Norman Cole

LHWCA Quarterly Update

Schwirse v. Director, OWCP, __ F.3d ___, 2013 WL 3840332 (9th Cir 2013).  Longshoreman drank alcohol when at work and fell on concrete and a…

November 7, 2013
by Rebecca Watkins

Proposed BOLI Rules

BOLI is currently proposing and taking input regarding several changes to Oregon employment regulations.  Among the many newly proposed rules are the following:       *Clarifications to…

November 4, 2013
by Jamie Carlton

Join me for a ADA FMLA Employer Work Group hosted by Kaiser

Mike Moses of Kaiser and I will be moderating an ADA/FMLA roundtable event to answer some of your questions.  This is a roundtable forum, which…

October 31, 2013
by Jeana Wines

The Latest on Independent Contractors

I had a recent victory from the Office of Administrative Hearings setting aside an Employment Department tax assessment based on the purported employee’s status as…

October 11, 2013
by Sarah Ewing

Court of Appeals Expands Smothers: Dan Alcutt v. Adams Family Food Services, Inc. (A147515) decided October 9, 2013.

The denial of this injury claim was approved as the insurer proved preexisting DDD, rather than a workplace injury, was the major contributing cause of…

September 6, 2013
by Stephen Verotsky

Oregon OSHA Backtracks on Confined Space Rule

In September 2012 the Oregon Occupational Safety and Health Division (Oregon OSHA) adopted a new confined space rule.  Confined spaces, such as tanks, wells, or…

August 26, 2013
by Rebecca Watkins

Loophole in Exclusive Remedy Protections Fixed

The Oregon legislature passed SB 678, amending ORS 656.018 to include limited liability partners, partners, general partners, limited partners, and limited liaibility company members to…

August 13, 2013
by Sarah Ewing

Combined Conditions = OCI +PEC

            Court of Appeals boils combined conditions down to a mathematical equation.             In Vigor Industrial , LLC v. Randi Ayres, the Court of Appeals…

August 8, 2013
by Jamie Carlton

ARU threatens to overturn Oregon closures where job analysis not sent to claimant

To determine the extent of disability for the purposes of claim closure, OAR 436-030-0020 requires insurers mail of an accurate job description to claimants prior…

July 24, 2013
by Norman Cole

Longshore Recent Caselaw Update

Here are a few interesting, if not noteworthy Longshore decisions for employers to be aware of. When a worker sustains an injury and produces evidence…

July 3, 2013
by Jamie Carlton

Join me for a ADA FMLA Roundtable hosted by Kaiser

Mike Moses of Kaiser and I will be moderating an ADA/FMLA roundtable event to answer your ADA/FMLA questions.  This is a roundtable forum, which allows employers to…

July 1, 2013
by Lee Ann Lowe

New Washington 2013 Benefits Schedule Effective Today

On June 25, 2013 the Department announced the 2013 benefits schedule.  The cost of living adjustment (COLA) rate increase is 1.03409, based on a statewide…