Postmark Defined: How a New USPS Rule Could Affect Mail Delivery Dates in Washington
A new United States Postal Service (USPS) rule which went into effect on December 24, 2025, formally defines the meaning of a postmark and seeks to clarify the relationship between postmarks and the date of mailing. The rule, which added section 608.22, “Postmarks and Postal Possession,” to the Domestic Mail…
Got Paystubs? You May Need More When Navigating Time Loss and AWW Disputes in Oregon
You have done it! You have finally mastered calculating the worker’s average weekly wage calculation for both regular and irregular pay. Time loss payments are issuing, claim processing is moving along, and then, you see the dreaded piece of mail: a request for hearing generically marking the issue as “temporary…
Is your IME Appointment Notice Compliant for the Requirements Provided for Washington Self-Insured Employers?
In recent years, the Department of Labor and Industries has increased its scrutiny of how self-insured employers schedule and send notice for Independent Medical Examinations (IMEs). Failure to follow the rules can result in cancellation of examinations, penalties, and delayed claim processing. RCW 51.36.070 outlines when the self-insured employer may…
Nothing Average About It: Oregon Average Weekly Wage Calculations
In Oregon workers’ compensation, calculation of an injured worker’s average weekly wage is often litigated and often misunderstood. The first step in calculating an average weekly wage is the most important—establishing whether the worker was earning regular or irregular wages at the time of injury. Regular and irregular wages have…
Updated Guidance on Washington Wage Order Disputes and Issuance of Time Loss
The general principle is that a document must be reasonably calculated to put the Department on notice that the party was taking issue with a Department decision to qualify as a dispute. Boyd v. City of Olympia, 1 Wash.App.2d 17 (2017). Applying this standard the Court of Appeals reached separate…
Beginning January 1, Oregon Striking Workers may be Eligible to Receive Unemployment Benefits
On June 24, 2025, Oregon Senate Bill 916 (“SB 916”) was signed into law by Governor Tina Kotek. Effective January 1, 2026, this statute will eliminate the longstanding “labor dispute” disqualification in Oregon’s unemployment insurance (UI) law, meaning that workers who are unemployed due to a strike or lockout may,…
In Oregon, Hearing Requests from Former Opposing Counsel May Haunt You!
Generally, if a claimant does not timely file a hearing request, they will lose their right to compensation unless they can show good cause. The Supreme Court of Oregon has long held that an attorney’s failure to file a hearing request does not constitute good cause. Sekermestrovich v. SAIF, 280…
Navigating Responses to Requests for Lump-Sum Payments of Permanent Disability Awards in Oregon
Updated to reflect changes coming January 1, 2026. You’ve done it – the claim has closed. This is a difficult feat in and of itself. A permanent partial disability (PPD) has been accurately determined and will be awarded in installments. You are ready to begin installments (or you have already…
Oregon WCD Rulemaking Meetings Set for November 18-19, 2025
The WCD scheduled a public advisory meeting for November 18, 2025, 1:00 – 4:00 PM to address potential changes to medical treatment, billing, and MCO rules. You can find the agenda here. Some of the proposed changes stem from MLAC’s subcommittee on medical treatment issues and issues related to finding…
Washington State HTCC Decisions: Is Additional Medical Support Required to Defend Treatment Denial?
I know what you are thinking: what is the HTCC? In 2006, Washington State created the Health Technology Committee (HTCC) to make coverage decisions for selected health technologies. Governed by the Washington State Health Care Authority, the HTCC’s decisions are followed by state purchased health care programs including the Department…
From Rigging to Raising: Washington L&I’s New Crane Rules
On August 5, 2025, the Department of Labor & Industries Division of Occupational Safety and Health (DOSH) filed a Permanent Rulemaking (CR-103) related to cranes, rigging, and personnel lifting. This rulemaking became effective on September 5, 2025, and seeks to provide clarity on the Department of Labor & Industries’ interpretation…
Age Discrimination in Hiring and Pay Stub Requirements- New Oregon Employment Laws for 2026
The Oregon Legislature has been busy this session! Two important bills to note are HB 3187 and SB 906. HB 3187 addresses age discrimination in hiring by prohibiting employers from requesting or requiring an applicant’s age, date of birth, or date of graduation from any educational institution prior to completing an…
They are injured in Washington but are they a worker?
The Washington Industrial Insurance Act provides sure and certain relief for Washington workers injured in the course of their employment. The current no-fault system was created as part of the grand bargain between employers and workers, in which workers receive medical care and indemnity benefits in exchange for giving up…
Oregon Supreme Court Affirms Broad WRME Entitlement
A common tool of administrators and employers in obtaining information necessary to process a workers’ compensation claim is an independent medical examination (IME), whereby a physician without any prior tie to the worker provides a medical opinion. In Oregon, if certain conditions are met, injured workers are entitled to a…
Recent Oregon Court of Appeals decision clarifies the minimum standard to establish a claim for aiding and abetting
In an opinion issued on November 20, 2024, the Oregon Court of Appeals outlined the required legal standard to state a claim for aiding and abetting under ORS 659A.030(1)(g). The court held the correct standard emulates the criminal law standard as outlined by the Oregon Supreme Court in Granewich v….
Oregon Workers’ Compensation Division is Considering Changes to Claim Processing Rules
The WCD held a public advisory meeting on September 11, 2025, to discuss potential changes to various provisions in OAR 436-060. The meeting addressed some rule-making processes stemming from recent legislative changes on lump sum payments, but also included several other issues. The public comment period remains open until September…
Changes to the Washington Department of Labor & Industries Loss of Earning Power Compensation Policy
Loss of Earning Power (LEP) under RCW 51.32.090 requires the self-insurer to compensate a worker when the worker’s earning capacity has decreased as a result of the industrial injury or occupational disease. The Department instituted a new LEP policy effective July 1, 2025. Policy 5.81 states that the worker must…
Washington Department of Labor & Industries Creates Guideline for Post-Traumatic Stress Disorder Claims
Prior to June 2018, all occupational disease claims alleging mental health conditions due to stress were completely barred. However, that changed in 2018 when the legislature created exceptions allowing law enforcement officers and firefighters who met specific criteria to file occupational exposure claims for post-traumatic stress disorder (PTSD). This exception…
Oregon Rulemaking and Work Groups
A few weeks ago, I discussed the recent legislative changes from the 2025 session. There are now a few different rulemaking and advisory groups developing the administrative framework for those statutory changes. You can see a schedule of the WCD’s meetings here. The Oregon Workers’ Compensation Division will be forming…
Recent Washington Court of Appeals decisions help us understand when an industrial injury aggravates a preexisting condition
It is common for workers to have preexisting conditions at the time of their industrial injury. When assessing the scope of conditions related to the claim, a question often arises as to whether the industrial injury aggravated a preexisting condition. Generally, a worker must establish a causal connection between the…
ICYMI: Washington workers’ compensation COLA increase goes into effect as of 7/1/2025
It’s that time of year again: COLA increase! Every year, the Department recalculates benefits to reflect the annual changes in the state’s average wage as determined by the Washington State Employment Security Department. As of July 1, 2025, the COLA increase of 6.8 % went into effect, raising the maximum…
Voluntary Retirement as a Basis to End Time Loss in Washington
Under Washington law, after a worker removes themselves from the labor market by voluntarily retiring, time-loss benefits are not payable. WAC 296-14-100. However, even in claims where the individual is of retirement age and indicates no intention of re-joining the workforce, it can be difficult to establish voluntary retirement as…
2025 Oregon Legislative Sessions Comes to an End
The Oregon legislature adjourned as few weeks ago. While the session had some rather contentious issues to deal with as usual, there were a few workers’ compensation issues that had support through MLAC and passed through the legislature. HB 2800 (PEOs) Changes the term “worker leasing company” to “professional employer…
Psychologists Now Allowed to Serve as Attending Providers in Washington
Previously, psychologists were not permitted to serve as an attending provider in Washington workers’ compensation claims. However, House Bill 1197, which was passed during the 2023 legislative session, will update RCW 51.28.020 to allow psychologists to serve as an attending provider for workers’ compensation claims that solely involve mental health…
Overpayment In Oregon? You better explain it!
As you probably know, employers and insurers in Oregon are entitled to recover overpayments by withholding a certain percentage of future benefits that may be due to the worker on any claim. ORS 656.268(14). You may know that overpayments have to be asserted and documented in writing. OAR 436-060-0170. But…
