October 19, 2021
by Megan Vaniman

Oregon Vaccine Mandate for Health Care Workers and Educators in Effect on October 18

Governor Brown’s vaccine mandate for Oregon health care workers and educators went into effect earlier this week. On August 19, 2021 Governor Brown implemented  a…

October 13, 2021
by Hannah Teig

Potential Changes to Oregon Time Loss Rules Coming?

The Workers’ Compensation Section of the Oregon Trial Lawyers Association (OTLA) is currently in the process of drafting a bill with proposed changes to ORS…

October 6, 2021
by Anna McFaul

Oregon Court of Appeals Allows Assessed Fee When Order on Reconsideration Awards Additional Temporary Disability

In the recent Dancingbear case, the Court of Appeals awarded an assessed attorney fee when additional temporary disability benefits were obtained through the reconsideration process….

September 29, 2021
by Elyse Lopez

Status of In-Person Hearings in Oregon

As we wrap up the 18th month of the COVID-19 pandemic, what does the future hold for Oregon workers’ compensation in-person hearings? The Board remains…

September 22, 2021
by Michael Godfrey

Department of Labor & Industries Updates Medical Treatment Guidelines for Lumbar Spine Surgery

On September 21, 2021, the Washington Department of Labor & Industries published new treatment guidelines for lumbar spine surgery. For those unfamiliar, the Medical Treatment…

September 15, 2021
by Andrew Evenson

Oregon Court of Appeals issues favorable decision for employers regarding combined condition processing

Under ORS 656.005(7)(a)(B), “if an otherwise compensable injury combines at any time with a preexisting condition to cause or prolong disability or a need for…

September 8, 2021
by Randi Ensley

Oregon OSHA Issues Temporary Rules Regarding Protection from Wildfire Smoke

Effective August 9, 2021 and running for a period of 180 days, certain Oregon employers must comply with temporary rules imposed by the Oregon Occupational…

September 1, 2021
by Sarah Cohen

Washington Implements Masking and Vaccine Mandates

With increases in COVID-19 caused by the delta variant, the state of Washington and the Department of Labor and Industry have provided updated guidance and…

August 27, 2021
by Jamie Carlton

Is Your Organization Considering Mandating the COVID Vaccine for Employees? What You Need to Know.

Earlier this month, The Department of Veterans Affairs announced it will soon mandate that all health care providers and personnel be fully vaccinated against COVID-19….

August 25, 2021
by Kara Cogswell

Board’s 2020 Significant Decisions Include Two of Interest to First Responder Employers

The Washington Board of Industrial Insurance Appeals recently published its list of Significant Decisions for 2020.  Per WAC 263-12-194, these are decisions which the Board…

August 18, 2021
by Kevin Anderson

Oregon In-Person Workers’ Compensation Hearings Appear to Remain on Hold

It was only a few weeks ago vaccination rates were increasing, businesses were reopening to the public, and people were starting to return to their…

August 13, 2021
by Randi Ensley

Oregon Health Authority Issues Temporary Rule Requiring Masks Be Worn Indoors Statewide

In response to the significant increase in COVID-19 cases in Oregon, Governor Kate Brown and the Oregon Health Authority (OHA) announced that indoor mask use…

August 4, 2021
by Elizabeth Aaberg

Potential New Rules Regarding IMEs in Washington

Effective January 1, 2021, legislative revisions to RCW 51.36.070 narrowed the circumstances under which self-insured employers may require a claimant to attend an independent medical…

July 28, 2021
by Matthew Baker

Washington Enacts Emergency Wildfire Smoke Rule

As Northwest summers get hotter and drier, state agencies have been forced to adapt to changing circumstances. Following the heatwave in June, both Oregon and…

July 21, 2021
by Adriana Ortega

BOLI Enacts Temporary Rules Implementing Senate Bill 483

Senate Bill 483 was signed into law by Governor Brown on June 15, 2021. Yesterday, the Bureau of Labor and Industries filed Temporary Rules with…

July 14, 2021
by David White

Oregon OSHA Adopts Temporary Rules Protecting Workers From Extreme Heat

Effective July 8, 2021, Oregon OSHA adopted temporary rules addressing the prevention of heat related illness. The rules follow an unprecedented heatwave throughout the State…

July 7, 2021
by Stephen Verotsky

Effective July 1, 2021 – Oregon Annual Adjustment to Maximum Attorney Fee and Hourly Rate for Statement Fee

The maximum attorney fees awarded under ORS 656.262(11)(a), ORS 656.262(14)(a), and ORS 656.382(2)(d), are tied to the increase in the state’s average weekly wage (SAWW)…

June 30, 2021
by Randi Ensley

Oregon OSHA Issues Temporary Rules Repealing Mask and Distancing Requirements

On June 25, 2021, Governor Brown issued an Executive Order stating Oregon would lift its mask mandates, capacity limits, and social distancing guidelines effective June…

June 30, 2021
by Hannah Teig

On remand from the Supreme Court, Oregon’s Workers’ Compensation Board issues decision addressing whether a referral for a noncompensable condition must be covered under a claim

Courts have made clear that pursuant to ORS 656.245(1), employers are required to pay for “medical services for conditions caused in material part by the…

June 23, 2021
by Anna McFaul

Is an injury in a parking lot compensable in Oregon?

A work injury is compensable if the injury is “arising out of” and “in the course of” employment.  ORS 656.005(7)(a).  The “going and coming rule”…

June 21, 2021
by Rebecca Watkins

Washington Employers Receive Guidance on WPFML from the State

Employers have been attempting to implement the Washington Paid Family and Medical Leave Act (WPFMLA) with little guidance from the Employment Security Department. In the…

June 16, 2021
by Megan Vaniman

Oregon Passes CROWN Act

Oregon joins a number of states in prohibiting discrimination based on hairstyles associated with a person’s race. Governor Brown signed HB2935 on June 11, 2021….

June 9, 2021
by Michael Godfrey

Board of Industrial Insurance Appeals Conducts Stakeholder Meeting

On May 21, 2021, the Board of Industrial Insurance Appeals held a Stakeholder’s meeting to discuss several important topics. COVID-19 Reopening Status The Board announced…

June 2, 2021
by Christine Olson

Washington’s Department of Labor & Industries Issues Updated SIF-2 Forms and Addendum to Prior SIF-2 Forms for Use by June 30, 2021

While most of the focus in workers’ compensation’s recent legislative developments and changes are focused on those brought about by the ongoing COVID-19 pandemic, it…

May 27, 2021
by Elyse Lopez

Unreasonable Claim Closure in Oregon: Why Chronic Condition Impairment Matters

The time has come to close your claim. Your claim closure checklist likely has a section for “chronic condition” impairment but how can you be…

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