Washington’s Workplace Rules for Wildfire Smoke: A Brief Refresher
The Pacific Northwest is currently experiencing a record fire season, with smoke from multiple wildfires leading to degraded air quality which can increase health risks to outdoor workers. As poor air quality is expected to continue for the duration of the wildfire season, now is a good time to remind…
When PTD Is No Longer Permanent: Reexamining Permanent Total Disability in Oregon
Permanent total disability (“PTD”) benefits are intended for workers whose work-related disability permanently incapacitates them from regularly performing work at a gainful and suitable occupation. But what happens when a claimant receiving PTD benefits appears capable of working again? In Oregon, a PTD award is not necessarily the end of…
WA BIIA 2025 Significant Decisions
Every year, the Board of Industrial Insurance Appeals designates a handful of decisions and orders as “significant.” The Board identified five new significant decisions from 2025 that relate to workers’ compensation laws. Significant decisions are selected because they “have an analysis or decision of substantial importance” to the Board in…
Washington’s Department Medical Network Providers Required to Follow Department Treatment Guidelines Only when “Medically Appropriate”
Much of the focus on the new laws and rules that will come about after this most recent legislative session has been on the Department’s Medical Provider Network and utilization reviews that are set to go into effect in the coming years. However, one of the many changes to the…
New Penalty Increases in Washington in Effect as of July 1, 2026
In 2020, the Legislature enacted a law increasing the statutory penalties for violations of workers’ compensation laws and providing for periodic adjustments for inflation, which are currently set to occur every (3) years. The first adjustment went into effect July 1, 2023 and therefore the next adjustment went into effect…
The Interactive Process in Oregon: Why Documentation Matters as Much as Accommodation
When an employee requests an accommodation, or even hints that they may need one, many Oregon employers immediately begin thinking about what accommodation they can provide. While finding an effective accommodation is certainly important, employers often overlook another equally critical obligation: documenting the interactive process. Under Oregon law and the…
When is Enough, Enough? Weighing the Benefits and Risks of Raising a Request for Administrative Review in Oregon
The goal of the Workers’ Compensation System in Oregon is to ensure that workers receive prompt medical care to allow workers to heal from workplace injuries or occupational diseases. Ideally, when there has been a compensable workplace injury, quality medical care should be provided so the injured worker can appropriately…
Sending Workers Out of State? What Oregon Employers Need to Know
If your Oregon business is growing, you might eventually find yourself sending an employee across the border. Maybe it’s a quick repair job in Vancouver, Washington, or a month-long project in Idaho. When this happens, a critical question arises: Whose rules apply if they get hurt? Do you keep paying…
Let’s Talk Overpayments…(in Oregon)
One of the most significant areas of exposure over the life of a claim is temporary disability benefits. Recent changes to the administrative rules and statutes now impose a significant burden on the insurer/TPA before they can end temporary disability benefits. Oftentimes the insurer/TPA continues paying procedural temporary disability when…
Are Those Extra Benefits Wages for Washington Workers?
In administering a claim under the Washington Industrial Insurance Act, the first action usually involves determining the injured worker’s wages at the time of injury. This includes compensation derived from all employment, not just the employer of injury. In addition to their pay, a worker’s wages also include certain benefits….
WA Department of Labor & Industries Prologues 3rd Party Recording Service
Independent medical examinations (“IME”) are a frequently used and critical tool in the administration/processing of workers’ compensation claims. In 2023 clamor for change related to the use (and alleged abuse) of these examinations resulted in the WA State Legislature’s passage of SHB 1068, which amended RCW 51.36.070 to include a…
Oregon Expands “Attending Physician” – What HB 4040 Actually Changes
House Bill 4040 (2026) marks a significant shift in Oregon workers’ compensation practice by expanding who may serve as an “attending physician.” Effective immediately upon passage in April 2026, the law amends ORS 656.005(12) to fully include nurse practitioners (NPs) and physician associates (PAs) within that role, eliminating the longstanding…
60 Days Means 60 Days in Oregon: New Board Decision Addresses the Medically Stationary Date and Overpayments
On March 18, 2026, the Workers’ Compensation Board issued an Order on Review further clarifying the finality of medically stationary dates listed on notices of closure. Christopher L. Shute, WCB Case No. 25-01824 (Order on Review, March 18, 2026). In Christopher L. Shute, WCB Case No. 25-01824 (Opinion and Order,…
Washington Board of Industrial Insurance Appeals Identifies Significant Decision that Provides Guidance on When a Worker is Voluntarily Retired
On April 8, 2026, the Board of Industrial Insurance Appeals announced it had identified six 2025 Decision & Orders as significant and delisted three prior Decisions & Orders. Significant decisions are ones the Board determines have analysis or decision of substantial importance. Among the identified significant decisions is the case…
Oregon Court of Appeals Offers New Guidance on Back Up Denials under ORS 656.262(6)(a)
In a rare instance, the Oregon Court of Appeals affirmed the Board’s conclusion that SAIF provided substantial evidence to support a backup denial under ORS 656.262(6)(a). The court held substantial evidence supported the Board’s conclusion that SAIF could have reasonably come to a different conclusion regarding initial compensability if it…
A Refresher on How to Collect Overpayments in Washington
In the administration of a workers’ compensation claim, overpayments may occur for a variety of reasons, some of which include, a clerical error, an innocent misrepresentation, or willful misrepresentation. See RCW 51.32.240. For instances when a payment of benefits was made due to clerical error, innocent misrepresentation, or other circumstances…
New Oregon Medical Service/Billing Rules in Effect this Week
In February, I sent out an update about some possible changes to the medical billing, treatment, and MCO rules. The WCD is moving forward with implementing some of those changes, which take effect this week (April 1, 2026). You can find the text here. These changes include: Changes to medical…
An Update on Standards for Compensability for Preexisting Conditions In Oregon Post-Barnes
In 2025, the Barnes decision shook up the workers’ compensation standards when the Oregon Court of Appeals held that a pre-existing condition that is exacerbated by a work injury can be compensable, but only if the work injury is the major contributing cause of a pathological worsening of the pre-existing…
What constitutes an appealable decision in Washington?
Each year the Washington Board of Industrial Insurance Appeals designates a few select decisions as “significant.” A significant decision is generally one the Board deems to have precedential importance. The Board has not yet identified its 2025 significant decisions. However, In re Marc Denbo, Dckt. No. 25 13319 (November 25,…
Washington Legislature Passes PTSD Pilot Project Set to Apply to State Fund Employers and Participating Self-Insured Employers
In 2018, the Washington legislature passed SB 6214 which created what has become known as the PTSD presumption amendments for first responders. This presumption was later expanded to include direct care registered nurses in 2024. These amendments have resulted in claims that have proven costly for both state funded and…
2026 Special Session Comes to an End in Oregon
The legislature convened for a session on February 2, 2026, and adjourned on March 6, 2026. The short session saw a few changes to the workers’ compensation system. There was one main bill directed at the Average Weekly Wage calculation, but a few others also related to the workers’ compensation…
Is That Claim Valid in Washington? A Brief Refresher
When a claim is initially filed, the first determination must be whether the claim is an injury or occupational disease. These two claim types are handled differently and have separate requirements. We can break down validity for both an injury and an occupational disease. Industrial Injury Claim When confirming validity,…
What can the Oregon Workers’ Compensation Board consider before applying the First Responders Presumption under ORS 656.802(7)(b)?
Certain first responders are entitled to a presumption of compensability when a preponderance of medical evidence from a psychiatrist or psychologist establishes the worker has more likely than not satisfied the DSM-5 diagnostic criteria for post-traumatic stress disorder (“PTSD”) or acute stress disorder. ORS 656.802(7)(b). Applicable roles include full time…
Washington Employers – Time to Review Policies and Procedures Related to Personnel Files!
There are new compliance deadlines in effect in Washington related to personnel files, which means it is time for employers to review their policies and procedures related to personnel files. In 2025, Washington State Legislature HB 1308 amended RCW 49.12.250 regarding employers’ obligations to respond to personnel records requests. It is critical…
The Washington Supreme Court and the Traveling Employee Doctrine – a Recent Case Sheds Light on the Scope and Application of This Doctrine
It is common for jobs to require employees to travel out of state for work. A Washington employee traveling for work is subject to workers’ compensation coverage if he or she is injured throughout the duration of the business trip, including during travel, hotel stays and meals at restaurants. The…
