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…
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…
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…
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…
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)…
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…
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…
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”…
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…
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….
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…
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…
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…
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…
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…
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….
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,…
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….
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…
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…
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…
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…
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…
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…
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…
