November 30, 2022
by Rachel Shinville

Washington L&I Proposed Changes to Presumptive Coverage of PTSD as an Occupational Disease – Feedback Due by January 13

On November 22, 2022, the Department of Labor & Industries filed a Notice of Proposed Rulemaking seeking to amend WAC 296-14-300 to clarify coverage of…

November 23, 2022
by Erling Hanna

Complexities with CRPS as a new/omitted condition, and positioning to win the battle in Oregon Workers’ Compensation

The cause of complex regional pain syndrome (CRPS) is not well understood. It is a form of chronic pain, usually affecting an arm or leg,…

November 16, 2022
by Stephen Verotsky

New Assessed Attorney Fee Rules For Reconsideration Proceedings in Oregon

In September 2021 the Oregon Court of Appeals issued its decision in Dancingbear v. SAIF and determined a worker’s attorney can be awarded an assessed…

November 9, 2022
by Christine Olson

Washington’s Board of Industrial Insurance Appeals Limits Workers’ Ability to Add Occupational Disease Conditions to Industrial Injury Claims in Tentatively Significant Decision

In some Washington workers’ compensation cases, a significant hurdle can be determining whether a condition in a worker’s claim resulted from an industrial injury or…

November 2, 2022
by Elyse Lopez

Securing Claim Closure in Washington

So you want to close a claim or secure settlement of a claim but the worker isn’t old enough for a claim resolution settlement agreement…

November 1, 2022
by Omeed Ghaffari

Reassessing an injured worker’s status for permanent total disability following a reopening application in Washington workers’ compensation

An injured worker is permanently and totally disabled within the meaning of the Industrial Insurance Act when, as a result of the industrial injury, he/she…

October 19, 2022
by Andrew Evenson

Processing a stress claim in Oregon and taking a recorded statement? Here are some recommendations.

As an occupational disease, to establish compensability of a mental disorder/stress claim, the Oregon worker must prove that his/her employment conditions are the major contributing…

October 12, 2022
by Elizabeth Aaberg

Proximate Cause – The Often Overlooked Requirement for Claim Reopening in Washington

In order to reopen a workers’ compensation claim in Washington, a worker must establish that an accepted condition has objectively worsened since the date the…

October 10, 2022
by Matthew Baker

What does the word “injury” mean in Oregon workers’ compensation law?

The definitions section of ORS 656 defines a “compensable injury” as an accident injury arising out of and in the course of employment requiring medical…

September 28, 2022
by Kara Cogswell

Washington Court of Appeals Issues New Decision Which Defines Reasonable Accommodations of Religious Beliefs – and Raises New Questions For Employers

The Washington Court of Appeals, Division 3, issued a decision on September 20, 2022 defining for the first time what is a “reasonable accommodation” of…

September 21, 2022
by Kevin Anderson

Chronic Condition Award Does Not Automatically Result in Work Disability in Oregon

The Oregon Workers’ Compensation Board recently issued a helpful decision when it comes to determining permanent work restrictions and dealing with the reconsideration proceeding. Richard…

September 13, 2022
by Moriah Schiewe

Monkeypox is on the rise in the State of Washington. What does that mean for occupational disease claims?

Is this the beginning of another global health crisis? In the wake of the COVID-19 pandemic, the world is facing yet another global health crisis:…

September 6, 2022
by Randi Ensley

Equivalent Plan Applications Are Now Available For Oregon’s Paid Family and Medical Leave Insurance Program

Employer and employee contributions into the Oregon Paid Family & Medical Leave Insurance program are set to begin on January 1, 2023 and employees can…

August 29, 2022
by Erling Hanna

One strike, and you’re out. The two-prongs of the “work-connection” test in Oregon.

There is a fine line employers must consider regarding injuries sustained by employees who are not on property or areas under the employer’s control, and…

August 17, 2022
by Matthew Baker

When can time loss payments cease in Oregon?

Time-loss payments, penalties, and ambiguous medical opinions are hallmarks of the workers’ compensation system. The Oregon Workers’ Compensation Board recently released an opinion implicating all…

August 10, 2022
by Joe Urbanski

Claimant Died: Now What?

It is commonly said that there are only two constants in life: death and taxes. While Washington workers’ compensation benefits are generally tax free, death…

August 3, 2022
by Hannah Teig

Oregon Annual Adjustment to Maximum Attorney Fees Effective July 1, 2022

It’s that time of year again, the Oregon Workers’ Compensation Board published the annual adjustment to attorney fees awarded under ORS 656.262(11)(a); ORS 656.262(14)(a); and…

July 27, 2022
by Stephen Verotsky

Oregon Workers’ Compensation Board Signals That Providing Duplicative Discovery May Result in Penalties/Attorney Fees

In Serge Alexandre, 74 Van Natta 410 (June 1, 2022), SAIF requested review of an order that awarded a penalty and penalty-related attorney fee for…

July 20, 2022
by Omeed Ghaffari

Limitations on compensability for treating conditions impeding recovery in Washington

Under the compensable consequences doctrine, the consequences for a compensable industrial injury are considered to be part and parcel of the injury itself. The Board…

July 13, 2022
by David White

Oregon OSHA Adopts Permanent Rules to Protect Workers From Extreme Heat and Wildfire Smoke

Effective June 15, 2022 and July 1, 2022 Oregon OSHA’s new rules addressing the prevention of heat related illness and wildfire smoke exposure, respectively. Oregon…

July 6, 2022
by Courtney Kreutz

Rising Gas Prices Warrant Increase in Mile Reimbursement Rate in Oregon

The Oregon Workers Compensation Division issued a Revised Bulletin No. 112 and an updated Form 3921 (Request for Reimbursement of Expenses), to address increasing gas…

June 29, 2022
by Anna McFaul

Who is the attending provider? New Oregon Court of Appeals case provides some insight.

In Oregon, when a worker is treating with multiple providers it can be difficult to identify the attending provider is for purposes of claim closure….

June 22, 2022
by Megan Vaniman

Washington Silenced No More Act

Washington state passed sweeping new legislation relating to non-disclosure and non-disparagement clauses in employment related agreements. In 2018, Washington implemented legislation in response to the…

June 15, 2022
by Christine Olson

Washington’s Department of Labor & Industries Issues Q&A for New IME Rules and Guidelines

The Department of Labor & Industries’ new rules and guidelines for independent medical examinations (IME) went into effect on April 23, 2022. These rules and…

June 8, 2022
by Michael Godfrey

Board of Industrial Insurance Appeals Makes In Re Kathleen Houlihan a Significant Decision

On April 29, 2022, the Washington Board of Industrial Insurance Appeals published its new “Significant Decisions” from 2021. The Board issues hundreds of Decisions &…