Category: Uncategorized
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…
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…
Wage Claims at a Record Setting High
Reports indicate the number of wage claims filed under the Fair Labor Standards Act is at an all time high. Last year, there were approximately…
The Sweet Taste of Victory
We always love a good win at SBH, but it is especially sweet when hard work results in important legal precedent. The Court of Appeals…
Washington Proposed Premium Increases: What’s an Employer To Do?
The good news is that Washington Legislature’s 2011 reforms are projected to reduce the state fund’s liabilities by almost $400 million. The bad news is…
Washington Workers’ Comp. 101 – What Employers Need to Know
Join me this Thursday, August 2nd from 8 – 9 a.m. to learn about the L&I Administrative Process. The training will include: Claim Investigation, Life…
Court Rules Claimants’ Attorneys Need More Money
In SAIF v. Crystal L. DeLeon (06/28/2012), the Supreme Court held a claimant’s attorney is entitled to an attorney fee whenever the insurer initiates any…
No Annual Increase in Maximum Attorney Fees for July 1, 2012 through June 30, 2013
Every July 1 the attorney fees awarded under ORS 656.262(11)(a) and ORS 656.308(2)(d) are adjusted by the same percentage increase as the average weekly wage. …
Court of Appeals Upholds Right to Apportion Permanent Disability Awards at Closure
In a new PPD case, Schleiss v. SAIF Corp., the Oregon Court of Appeals upheld an insurer’s right to apportion permanent disability awards. Claimant was…
Are actors and acting instructors employees or independent contractors for purposes of workers’ compensation?
Maybe. In a recent case, SAIF Corp v. DCBS and Northwest Children’s Theater and School, the Oregon Court of Appeals discussed the legal framework a…
Join me at the DMEC Employer Work Group on May 30th
On May 30th I will be a facilitator at the ADA/FMLA Employer Work Group lunch session. This is sponsored by Kaiser Permanente & DMEC Oregon/SW Washington. This is an opportunity for…
Wal-Mart Pays the Cost of Misclassifying Employees
The Department of Labor announced today that it has settled a nationwide overtime claim with Wal-Mart. Prior to 2007, the large retail chain misclassified certain…
New Washington Department of Labor & Industries Pension Review Process
To make more efficient use of pension adjudicators’ time, the Department has developed new procedures that went into effect 4-23-12. There is a new Pension…
In Washington – New DLI Requirement
The department, workers, and providers often receive correspondence from self-insured employers or their third party administrators that doesn’t include the department’s (L&I) claim number. Many…
Unemployment Discrimination
This week, the Oregon legislature passed SB 1548 preventing discrimination against the unemployed. This new law, effective March 27, 2012, prohibits ads or job postings…
Employer may have violated ADA and state law by using post-offer medical information in discipline and WC
Employee sued employer alleging workers’ compensation retaliation. Employee alleged the employer misused her post-offer medical questionnaire to terminate her employment and reduce workers’ compensation benefits. …
Welcome to the new SBH Blog
The world of employment and workers’ compensation law is ever changing. The changes are not predictable and it does not make sense to wait until…
