Category: Uncategorized
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…
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…
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. …
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
