Category: Uncategorized
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
OR-OSHA ALERT
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…
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…
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,…
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…
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…
