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…

May 18, 2021
by Andrew Evenson

The Future of Live Hearings in Oregon Workers’ Compensation

Last September, I wrote about the Oregon Workers’ Compensation Board’s (WCB) announcement of its upcoming utilization of Zoom for Government to facilitate administrative hearings and…

May 12, 2021
by Randi Ensley

Oregon OSHA Adopted Permanent COVID-19 Workplace Rules May 4, 2021

On May 4, 2021, the Oregon Occupational Health & Safety Administration (OSHA) adopted permanent workplace rules related to COVID-19. The temporary rules OSHA previously adopted…

May 7, 2021
by Jamie Carlton

COVID Reopening: Can (and should) Oregon Employers Require Employees to be Vaccinated?

As businesses reopen and bring back employees who have been working remotely, many employers are wondering how to manage worksite safety in the pandemic era….

May 5, 2021
by Sarah Cohen

Governor Inslee Expected to Sign Additional COVID-19 Related Legislation

Over the past year, the Washington legislature has passed several bills meant to protect workers from the impacts of COVID-19. During the most recent session,…

April 29, 2021
by Kara Cogswell

Washington L&I Updates Guidance on Out-of-State Travel for IMEs

For employers with Washington claims involving individuals who have moved out of state, the pandemic has made it very difficult to obtain independent medical examinations….

April 21, 2021
by Dan Schmidt

Washington Workers’ Compensation in a Work from Home World

If there is one thing the pandemic showed us – outside of the beauty of sourdough and the ease of making chicken stock – it…

April 14, 2021
by Elizabeth Aaberg

Big Changes to Structured Settlements with Passage of Washington’s Senate Bill 5046

A claim resolution structured settlement agreement (“CRSSA”) is a type of settlement agreement that can be utilized in matters involving claimants of at least 50…

April 9, 2021
by Laurel

Join SBH at its 11th Annual Washington Workshop

Although we are all still working from home, we know you need your Washington Claims Examiner Credits.  We have an excellent lineup of speakers and…

April 7, 2021
by Megan Vaniman

BOLI Passes Permanent Rules Relating to OFLA Sick Child Leave During Public Health Emergency

In March 2020, Oregon Bureau of Labor and Industries (BOLI) temporarily expanded Oregon Family Leave Act leave to extend protected leave to include employee leave…

March 31, 2021
by Matthew Baker

Washington Legislature Considers New Presumptions for COVID-19

In the past, the Washington legislature created presumptive workers’ compensation causation for firefighters and workers at the Hanford Site. The legislature is close to creating…

March 24, 2021
by Kevin Anderson

Oregon Legislature Considering Dismantling Self-Insurance in Oregon

The Senate Committee on Labor and Business recently held a public hearing on two concerning pieces of legislation, SB-801 and SB-802. While the hearing initially…

March 18, 2021
by Laurel

Join Attorney Jamie Carlton in Webinar: Can Employer’s Require Vaccines?

Join SBH Attorney Jamie Carlotn and Nicolle Farup of Good Company HR as they discuss whether employers can and should require vaccines. This all-important webinar…

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