Category: Uncategorized

June 28, 2013
by Krishna Balasubramani

US Supreme Court Issues Two Title VII Decisions That Favor Employers

On June 24, 2013 the US Supreme Court issued 2 decisions dealing with Title VII cases.  Both cases were decided by a divided 5-4 court…

June 25, 2013
by Deborah Sather

Case Summary: Mendoza v. Liberty, Decided by the Court of Appeals June 12, 2013

Claimant was the team leader of a small crew working for a property management company in its Portland location.  Her responsibilities included distributing paychecks issued…

June 11, 2013
by Rebecca Watkins

Do I have to pre-approve a referral or treatment request?

We are seeing more requests to pre-authorize referrals or treatment other than elective surgery.  When no pre-authorization is given, claimants or medical providers file medical…

May 16, 2013
by Krishna Balasubramani

Teleworking: Employer Beware

The CEO of Yahoo! recently created headlines by ending the company’s telecommuting or teleworking program. Perhaps not surprisingly, the decision was met with criticism by those who…

May 13, 2013
by Lauren Oda

Learn What MLAC Can Do For You

Employers, HR Managers, and claims examiners – the Professionals in Workers’ Compensation organization is hosting their final educational breakfast event of the 2012-2013 season.  Please…

May 3, 2013
by Stephen Verotsky

Wednesday May 8, 2012 WCCA Luncheon – Work Disability: Strategies for Securing a Release or Return to Regular Work

Injured workers have become more aggressive and creative in their pursuit of work disability awards because there is a lot of money at stake.   If…

May 1, 2013
by Rebecca Watkins

Oregon Employer Council – State Conference for Business

Employers, HR managers, & Business Owners –  The Oregon Employer Council is holding its annual State Conference for Business on May 6th & 7th on…

April 18, 2013
by Brian Perko

Some Common Sense from The Oregon Court of Appeals!

            Employers have reason to celebrate following the April 17, 2013 decision from the Court of Appeals in Pamela Hamilton v. SAIF.  In this course…

March 13, 2013
by Lee Ann Lowe

New Portland City Ordinance Requires Mandatory Sick Leave

Today the City of Portland passed a citywide ordinance which will take effect January 1, 2014 requiring all Portland businesses to provide sick leave to…

March 1, 2013
by Lance Johnson

Drivers Selling Employer’s Products are “Subject Workers.”

The Court of Appeals decided RJ Enterprises LLC of Oregon v. Department of Consumer and Business Services, February 27, 2013.  The employer sought review of…

February 5, 2013
by Sarah Ewing

Case Alert: Penalties at Claim Closure

In the most recent workers’ compensation case from the Court of Appeals, Walker v. Providence Health System, the court addressed penalties assessed relating to claim…

January 16, 2013
by Norman Cole

Longshore Act Update

As head of the SBH Longshore practice area, I publish a quarterly summary of recent LHWCA decisions (Benefits Review Board, Courts of Appeal, Supreme Court,…

December 17, 2012
by Lauren Oda

Board’s Interpretation of a Medical Opinion Must Be Reasonable

In a recent decision, Armenta v. PCC Structural, Inc. (A141790), the Oregon Court of Appeals issued an unfavorable opinion regarding the Board’s ability to disregard…

December 11, 2012
by Lee Ann Lowe

Washington Court of Appeals Addresses Burdens of Proof in Occupational Disease Cases

Potter v. Department of Labor and Industries, a decision issued yesterday by the Division One Court of Appeals, is a good reminder that building strong…

November 20, 2012
by Jamie Carlton

Oregon Court of Appeals Issues Favorable New Course and Scope Decision

In a recent decision, Schultz v. SAIF Corp., A148840, the Court held that even where a worker is primarily motivated to attend a social event…

November 14, 2012
by Lee Ann Lowe

A Slim Connection Can Still be a Proximate Cause in Washington

Yesterday, the Court of Appeals, Division 1, released its opinion in Dep’t of Labor and Indus. v. Shirley.   Claimant’s low back claim was closed in…

November 7, 2012
by Stephen Verotsky

OSHA – Potential Employer Knowledge Rule – A Solution in Search of Problem.

This morning, Michael Wood, the Administrator of Oregon OSHA, convened an “informal gathering” of employers and other stake holders to discuss whether a rule is…

November 6, 2012
by Jamie Carlton

ADA/FMLA Employer Work Group

We hope to see you Thursday, November 8th at the Kaiser & DMEC Oregon/SW Washington ADA FMLA Employer Work Group.  Rebecca Watkins and I are…

November 2, 2012
by Rebecca Watkins

Court Less Likely to Find Parking Lot Injuries Compensable?

In Enterprise Rent-A-Car v Frazer, a divided Court of Appeals reversed the WCB’s finding of compensability in a parking lot injury.  The employer at issue…

October 31, 2012
by Stephen Verotsky


Oregon OSHA is developing an administrative rule which has the potential to significantly change what it must prove to establish a violation of a safety…

October 24, 2012
by Jamie Carlton

Dr. Makker Surrenders Medical License

By the terms of a stipulated Order with the Oregon Medical Board, Dr. V. James Makker has agreed to surrender his Oregon medical license.  The…

September 28, 2012
by Rebecca Watkins

Discriminatory practices or just claims increasing?

According to MSNBC reports, the EEOC received a record 99,947 job-related discrimination complaints in 2011.  The largest increase is in the area of religious discrimination,…

September 17, 2012
by Rebecca Watkins

Oregon Minimum Wage increases to $8.95 for 2013

BOLI announced today that Oregon’s minimum wage will increase 15 cents to $8.95 per hour on January 1, 2013.  Oregon law requires the state minimum…

September 10, 2012
by Lee Ann Lowe

Medical Provider Network Reforms in Washington

Beginning January 1, 2013, Washington medical providers will be required to be in the new statewide workers’ compensation medical network in order to treat injured…

August 30, 2012
by Jamie Carlton

EEOC Update

In April 2012, the EEOC issued updated enforcement guidance on employer use of arrest and conviction records in hiring decisions.  This comes on the heels…