June 20, 2024
by Hannah Teig

Oregon Court of Appeals Upholds Nava Rule

In Nava v. SAIF, 333 Or App 196 (2024), claimant sought judicial review of the Board’s denial of penalty and attorney fees under ORS 656.262(11)(a)…

June 11, 2024
by Evan Novotny

Oregon: Processing Proposed Surgical Authorization Requests Is Not Solely Based on Accepted Conditions

In 2019, the Oregon Supreme Court held that medical services materially related to the work injury are compensable under ORS 656.245 and are not limited…

June 5, 2024
by Joe Urbanski

Washington Legislature Potentially Provides Extended Benefits to Claimants on Reopen Applications

The Washington Industrial Insurance Act allows claimants to reopen their claims following closure when the conditions proximately related to their industrial injury or occupational disease…

May 31, 2024
by Jessica Fox

OREGON: When post-denial IME reports are submitted as evidence at hearing to bolster denial, Court of Appeals declares denial is based on the post-denial IME report.

On April 17, 2024, the Oregon Court of Appeals issued a ruling in Teitelman v. SAIF that a Worker Requested Medical Examination (WRME) can be…

May 21, 2024
by Zachary Goldberg-Johns

Normally Reasonable: Transferring Attending Providers in Washington Workers’ Compensation Claim

Claimant’s attending physician plays an important role in assisting claimant’s return to their job of injury. Their attentiveness and skill as a provider often dictate…

May 16, 2024
by Stephen Verotsky

In Oregon, Delay In Seeking Clarification From Attending Physician Regarding an IME, PCE, and Regular Work Release Can Result in Unreasonable Refusal to Close.

The Oregon Workers’ Compensation Board is holding carriers to a high standard when it comes to securing the evidence needed to rate impairment and work…

May 7, 2024
by Christine Olson

Is that Docket Properly before the Board? Recent Board of Industrial Insurance Appeals Actions Caution Washington Employers to Double Check the Appealed Department of Labor & Industries’ Order

Washington’s Board of Industrial Insurance Appeals has long been deemed one of limited jurisdiction – the Board cannot act if it does not have the…

April 30, 2024
by Kevin Anderson

Surgery in Oregon? Here’s What to Know

The Oregon Workers’ Compensation Division recently added some new deadlines to be aware of when dealing with surgery requests in the MCO context. You can…

April 23, 2024
by Omeed Ghaffari

Navigating suspension of benefits and claim closure for Washington claims

There are several reasons why a self-insured employer may move the Department of Labor & Industries to suspend an injured worker’s benefits under the claim….

April 16, 2024
by Elyse Waters

OREGON: “Exclusive Remedy” win for employers/administrators/insurers at Oregon Court of Appeals

On April 10, 2024, the Oregon Court of Appeals issued a ruling reiterating the importance of the exclusive remedy clause under ORS 656.018. The case,…

April 11, 2024
by Kara Cogswell Kidder

New Oregon Law Amending OFLA & PLO Takes Effect July 1, 2024

Oregon Governor Tina Kotek recently signed new legislation aimed at simplifying Oregon’s leave laws.  Senate Bill 1515 eliminates many types of leave previously covered under…

April 8, 2024
by David White

Oregon Board finds “going and coming” rule does not apply to worker crossing street to retrieve work clothes from her vehicle

A recent Oregon Workers’ Compensation Board case, In re Cambria Souza, 76 Van Natta 130 (2024), found a workers’ injury compensable where they were hurt…

March 25, 2024
by Elizabeth Aaberg

How to Collect an Overpayment in Washington

It is not uncommon for an overpayment of benefits to occur during the administration a workers’ compensation claim. An overpayment may arise due to clerical…

March 21, 2024
by Dee Akinbosade

Navigating the Pitfalls of Oregon Workers’ Compensation. The Ins and Outs of Injury under a Combined Condition.

We are all familiar with the idea of a “compensable injury” in Oregon workers’ compensation law.  A compensable injury is any injury sustained while performing…

March 18, 2024
by Katerina Wolfe

New Rules Impacting MCO Enrolled Claims in Oregon – Effective April 1, 2024 and October 1, 2024

The Department of Consumer and Business Services Workers’ Compensation Division amended several provisions of the OAR that will directly impact MCO enrolled claims in Oregon….

March 13, 2024
by Sara Densmore

Washington Significant Vocational Board Decisions

Two significant decisions regarding the vocational process were recently determined by the Board of Industrial Insurance Appeals. In re Michael Killpatrick BIIA Dec., 21 13384…

March 5, 2024
by Andrew Evenson

Ordered to accept a new/omitted condition in Oregon? Combined condition processing remains a responsive option

On January 9, 2024, the Workers’ Compensation Board ruled in Maria F. Opferman, 76 Van Natta 10 (2024), that the employer’s post-litigation acceptance of a…

February 27, 2024
by Madeline Mahugh

Guidance on a Washington Workers’ Compensation Occupational Disease in a Post-COVID (Presumption) Era

The Washington Department of Labor & Industries lifted its COVID coverage presumption on April 11, 2023. Under the presumption, frontline workers who tested positive for…

February 20, 2024
by Daisha Barnes

Oregon Injured Worker Not Cooperating? There’s a Denial for that.

Insurers or self-insured employers are required to conduct a reasonable investigation based on all available information” in order to decide whether to accept or deny…

February 13, 2024
by Nathan McFadden

New Washington case provides limitations to Maphet

For self-insured employers in Washington, one of the most significant decisions in recent years was the Washington Court of Appeals’ 2019 opinion in Clark County…

February 9, 2024
by TJ Bhullar

Reminder – Significant changes to Oregon claim closure requirements and temporary disability notices

The start of the year brought several updates to the administrative rules governing claim closure, reconsideration, claim administration, and vocational assistance to injured workers. Carriers…

January 31, 2024
by Dee Akinbosade

Extinguishing the Firefighter Presumption in Oregon Workers’ Compensation

The introduction of H.B. 2915 to the Oregon Legislature, signed into law in the same year, expanded workers’ compensation protection to Portland firefighters who had…

January 30, 2024
by Kevin Anderson

Oregon WCD Proposing New Medical Treatment and Billing Rules

The Oregon Workers’ Compensation Division had a public comment meeting in November 2023 to discuss issues related to the medical fee schedule, medical services, and…

January 22, 2024
by Allison Harper

New Process Safety Management for Refineries in Washington Coming in 2024

The Department of Labor and Industries has updated workplace safety rules targeted at preventing catastrophic events at petroleum refineries as defined in WAC Chapter 296-67…

January 16, 2024
by Courtney Kreutz

Ensuring Temporary Disability Benefits Issue Timely in Oregon

Whether an insurer timely paid temporary disability benefits in Oregon is one of the most heavily litigated issues in workers’ compensation. Late-payments create exposure for…

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