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 &…

June 1, 2022
by Elyse Lopez

Oregon WCD Issues Proposed Draft Rules for Dancingbear

Last October, SBH attorney Anna McFaul wrote a blog covering the Dancingbear v. SAIF decision issued by the Oregon Court of Appeals. As you likely…

May 25, 2022
by Andrew Evenson

Oregon WCB Issues Troubling Decision Regarding New/Omitted Claim Processing Obligations

The Oregon Workers’ Compensation Board recently issued a troubling decision in Luis F. Nava, 74 Van Natta 372 (2022), which impacts how it finds employers/insurers/administrators…

May 18, 2022
by Kara Cogswell

Ninth Circuit Agrees Temporary Impairments Can Be Disabilities Under ADA

A recent decision by the Ninth Circuit confirms that temporary medical conditions can qualify as disabilities under the Americans with Disabilities Act (ADA).  The outcome…

May 12, 2022
by Rebecca Watkins

Questions about Oregon’s Paid Family and Medical Leave Insurance (PFMLI) program?

The Oregon Employment Department will administer this new leave program and is starting the process of outlining rules. Employers will begin collecting/paying contributions on January…

May 11, 2022
by Evan Novotny

Increased WRMEs in Oregon?

A worker requested medical exam (WRME) is the equivalent of an insurer arranged independent medical exam–but as the title implies, requested specifically by the worker….

May 10, 2022
by Kevin Anderson

Oregon WCD Starts Rulemaking Process for Timeloss Bill (HB 4138)

The WCD held the first public meeting on May 3rd to address issues related to implementing HB 4138 made several changes to processing temporary disability…

May 4, 2022
by Kevin Anderson

Oregon Workers’ Compensation Board Reopening to the Public

After two years of telephonic and video hearings, the Oregon Workers Compensation Board is reopening to the public and starting to set in-person hearings and…

April 27, 2022
by Elizabeth Aaberg

Washington L&I Conducts Ambient Heat Exposure Rulemaking

The Department is conducting rulemaking to update the requirements for occupational heat exposure from high ambient temperatures in all industries, including outdoor and indoor exposures….

April 21, 2022
by Rebecca Watkins

Partial Denial does not Allow Apportionment of Impairment at Claim Closure in Oregon

On April 21, 2022, the Oregon Supreme Court issued its decision in Johnson v. SAIF Corporation, 369 Or 577 (2022). Johnson caught her hand in…

April 20, 2022
by Randi Ensley

Changes Coming to Oregon’s Workplace Fairness Act January 1, 2023

The Oregon legislature made several changes and key clarifications to the Workplace Fairness Act during the 2022 legislative session. The law currently restricts employers from,…

April 13, 2022
by Matthew Baker

Oregon Supreme Court Affirms Narrow Construction of Exemption To Subject Worker Statute

Employee or contractor? The classification of a worker can impact what benefits a worker is entitled to, and the trucking industry has often been at…

April 6, 2022
by David White

New L&I Rules Regarding IMEs Take Effect April 23, 2022

Starting April 23, 2022 the Washington Department of Labor & Industries will be implementing new rules regarding IME notices and what constitutes a “case progress…

March 30, 2022
by Megan Vaniman

Oregon Court of Appeals determines injury during paid break is not compensable

Are we seeing a shift in the Court of Appeals in relation to injuries during paid breaks?  Recently, in Watt v. SAIF, the Court of…

March 23, 2022
by Joe Urbanski

Washington Legislature Potentially Provides Extended Benefits to Claimants on Reopen Applications

The Washington Industrial Insurance Act allows claimants to reopen their claims following closure when the conditions proximately related to their industrial injury or occupational disease…

March 18, 2022
by Kevin Anderson

2022 Legislative Update

The Oregon legislature met for a short regular session in early 2022, but we saw some significant changes to the workers’ compensation system in that…

March 2, 2022
by Hannah Teig

Oregon Employment Department Finds Vaccine Mandate for Remote Workers Reasonable

The Oregon Employment Department recently denied a former Nike employee’s unemployment benefit application in February 2022. The worker, who worked remotely, was fired for failing…

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