Tips and Tricks for Independent Medical Exams (IMEs)
Independent medical examinations (IMEs) are a great tool for claims examiners to use in processing at the beginning, middle, and end of claim. They are…
Combined Conditions in Oregon Workers’ Compensation: Not always a Simple Open and Shut Case
Combined condition acceptances and denials can be a useful claim processing tool in Oregon for several reasons. They can be used as a defense against…
As COVID-19 Pandemic Continues, Washington’s Department of Labor & Industries Continues to Adapt
As the COVID-19 pandemic endures and uncertainty surrounds vaccine roll outs, the virus continues to impact our everyday lives and how we conduct our businesses….
Oregon’s 2021 Legislative Session has Started: SBH’s Watchlist
The Oregon State legislative session for 2021 is underway and we have seen several bills introduced in the House and the Senate that will be…
Join SBH Attorney Steve Verotsky to learn about Longshore & Harbor Workers’ Compensation Insurance
SBH resident Longshore expert, Steve Verotsky, will join Dan Schaller from Woodruff Sawyer and Moderator Gary McCann on Wednesday February 10 at 12:00 pm in…
Washington Legislature Begins 2021 Session: Senate Bill 502
The Washington Legislature started its 2021 session on January 11, 2021 and recently began deliberations on several bills including Senate Bill 5102 which includes numerous…
As COVID-19 cases continue to surge, keep in mind OAR 436-060-0141 requirements before issuing a denial
As COVID-19 cases continue to surge in Oregon, it is reasonable to anticipate a corresponding surge in workers’ compensation claims related to confirmed COVID-19 cases…
New Oregon 801 Form Effective January 1, 2021
The Workers’ Compensation Division implemented a new 801 and 827 form–effective January 1, 2021. The new 801/827 forms remove the Social Security Number. The removal…
Employer Resources for Compliance with Oregon OSHA’s Temporary COVID-19 Workplace Standards
The recently adopted Temporary Rule Addressing COVID-19 Workplace Risks by the Oregon Occupational Safety and Health Administration (OR-OSHA) includes a series of requirements for employers…
Reflecting on 2020 and Looking Ahead to 2021
The past year brought many changes within the world of Washington workers’ compensation. Some changes were planned, such as the Department’s updated forms and templates…
FFCRA Leave not Extended under New Stimulus Bill
Earlier this year, Congress passed the Families First Coronavirus Response Act (FFCRA) which required covered employers to provide eligible employees with paid leave for specific…
New Year, New Restrictions On IMEs in Washington
New Year, New Restrictions On IMEs in Washington With the new year, comes new restrictions on independent medical examinations in Washington. On January 1, legislative…
EEOC Provides Guidance on Employer Mandated COVID-19 Vaccination
On December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) provided updated guidance on the subject of vaccines in the wake of the Food…
Oregon MLAC Holds Final Meeting for 2020
The Management Labor Advisory Committee (MLAC) held what is most likely its final meeting of 2020. Much of the meeting was recapping the significant changes…
COVID 19 Travel Restrictions – Impact on Independent Medical Examinations in Washington
On November 13, 2020 Washington state governor Jay Inslee issued a travel advisory recommending that people arriving in Washington from other states or countries, including…
Shift in Oregon Claim Closure Analysis?
As of recently, the Oregon Supreme Court, Court of Appeals, and Workers’ Compensation Board have issued significant decisions relating to closure of Oregon workers’ compensation…
What Came First: The Acceptance or the Authorization? An exploration of Clark County v. Maphet
In 2019, the Washington Court of Appeals issued Clark County v. Maphet, 451 P.3d 713 (2019). The case held that a self-insured employer authorizing treatment…
Employee Handbook: The Gift that Keeps on Giving
As the holiday season rounds the corner of this eventful year, our thoughts turn to gifts and gift-giving. From a business perspective, I happen to…
Oregon Court of Appeals Expands on Supreme Court’s Holding in Caren in Robinette v. SAIF
Last year, in Caren v. Providence Health System Oregon the Oregon Supreme Court held that without a preclosure combined condition denial employers must pay the…
OR OSHA still has not passed final rules relating to COVID-19
In June 2020 Oregon OSHA announced it would implement temporary workplace rules to address the COVID-19 hazard. Oregon OSHA expected it would have the final…
Court of Appeals reconsiders Meyers v. SAIF in light of the Supreme Court’s opinion in Gadalean
Meyers v. SAIF has been a long time coming– the case has been on appeal since 2013, traveling all the way up to the Oregon…
Washington employers, remember to review exempt salaries for 2021
In late 2019, the Washington Department of Labor & Industries (L&I) outlined new rules for exempt employees, including base salaries. The salary threshold for exempt…
Oregon WCD Issues Revised Temporary Rule on Claims for COVID-19 or Exposure to COVID-19
The Workers’ Compensation Division has issued OAR 436-060-0141, a temporary rule addressing claims for COVID-19 and claims for exposure to COVID-19. The rule will remain…
Washington Court of Appeals opinion serves as a strong reminder to double check filing requirements for appealing BIIA orders
On September 8, 2020, the Washington Court of Appeals published a decision that serves as a reminder of the importance of double checking state and…
As the COVID pandemic continues, where does the Oregon Workers’ Compensation Division stand on telemedicine?
In March 2020, the Division set out temporary rules to address fees related to telemedicine appointments following Governor Brown’s “Stay at Home Order.” The temporary…
