Oregon Legislature begins Short Session
The Oregon Legislature met on February 1, 2016 beginning a 35-day “Short Session.” In 2010, Oregon approved these sessions in even numbered years to allow…
Court of Appeals confirms no permanent disability awarded when work injury has no contribution to claimant’s impairment.
There have been many new issues in claim processing and particularly in rating permanent impairment after Brown/Schleiss and the WCD’s new closure rules. One particular…
Longshore Quarterly Caselaw Review
Attorney fees continue to be a hot topic in caselaw. In Shirrod v. Director, OWCP the 9th Circuit held market rates must be based on…
DMEC Half Day Seminar on Sick Leave and BOLI/EEOC complaints
Join me, the DMEC board, and Chet Nakada of BOLI on February 3rd for a half day seminar at the Kaiser Permanente Town Hall. Mr….
New Bill Alters Timeline for Initial Time Loss Payment
On January 1, 2016, House Bill 2797 went into effect, modifying when initial temporary disability payments must be made. Prior to January 1, 2016, if…
New Oregon Sick Leave Law
Effective January 1, 2016, all Oregon employers are required to implement sick leave for all employees. Here is what you need to know about the…
BOLI clarifies the obligations to temporary and leased employees under State Sick Time in permanent rules.
BOLI has now issued final rules on the Oregon Sick Time law going into effect January 1, 2016. The final rules reflect clarifications requested by…
Portland passes new “ban the box” ordinance
Last month, the Portland City Council unanimously approved a more stringent “ban the box” ordinance than its State counterpart. The Portland ordinance is designed to…
Reminder-CDA Requirements
A Claims Disposition Agreement—better known as a CDA—is a great tool to settle accepted claims. Once a claim is accepted, the claimant retains rights to…
Attorney fees awarded when carrier rescinds denial of authorization for medical services
The Oregon Court of Appeals recently ruled that a claimant’s attorney is entitled to a fee when an insurer/self-insured employer rescinds a denial of authorization…
Join SBH at the 14th Annual Oregon Claims Examiner Workshop
Join SBH at the 14th Annual Oregon Claims Examiner Workshop. The workshop will be November 13 at the Multnomah Athletic Club. SBH Attorneys, Independent Medical…
Applicant Injured on way to Orientation is not a Subject Worker
In a recent Oregon Workers’ Compensation Board case, the Board found an applicant who was injured on her way to orientation on the employer’s premises…
2015 Legislative Update: Changes in Oregon Workers’ Compensation
A couple of weeks ago, I presented a legislative update related to Oregon employment law and what effects new legislation has on your employment policy…
BOLI ISSUES SICK LEAVE RULES – NOW IS YOUR CHANCE TO WEIGH IN!
On January 1, 2016 all employers in Oregon (with a few exceptions) will be required to provide protected sick leave to all employees. The Bureau…
Join SBH Attorneys at the first PWC Lunch of the Season
Join SBH Attorneys Lauren Oda and Steve Verotsky at the first PWC lunch of the season on October 20, 2015. The Lunch is held at…
Judge Denies Class-Certification for SBH Client
Attorneys Aaron Bass and Rebecca Watkins have been vigorously defending a class-action lawsuit filed in Washington since June 2012. The lawsuit, following a national trend…
2015 Legislative Update: What’s New for Oregon Employers
The 2015 Oregon State Legislative session included the passage of several bills affecting Oregon employers, employees, and the relationship they share. Most relevant to Oregon…
Longshore and Harbor Workers’ Compensation Act Case Law Update
The last several months yielded several interesting decisions. In Raiford v. Huntington Ingalls Industries, Inc., the Board held a reaction to a legitimate personnel action…
Active Preexisting Conditions or Passive Predispositions – How Do I Tell the Difference?
A few months ago, we discussed a new Court of Appeals case addressing preexisting conditions. Dennis L. Corkum v. Bi-Mart Corp., 271 Or App 411…
Join SBH at the Oregon/SW Washington DMEC Annual Chapter Meeting
Join me and a great line up of speakers and topics next Wednesday, September 16th, at the Oregon/SW Washington DMEC annual chapter meeting. Chet Nakada…
Join SBH at the Oregon PRIMA Annual Conference
SBH Attorneys Sarah Ewing and Krishna Balasubramani are speaking at the Oregon PRIMA 2015 Annual Conference. The conference is held at Salishan Resort and Spa in Gleneden…
Claimant’s Testimony of “Lifting Kegs” Not Enough for Increased Work Disability Award
A line cook was injured and his claim was closed with 11% whole person impairment and 27% work disability. On Reconsideration, the worker submitted an…
A Disabled Employee is no Longer Qualified for Job When He Makes Threats
In Mayo v PCC Structurals, Inc. (July 28, 2015), the Ninth Circuit Court of Appeals confirmed that an employee who makes threats of violence against…
Registration now open for OEC fall conference.
The Fall OEC conference will take place October 5th & 6th at Spirit Mountain Casino. Programming includes training on wage and hour, safety rules, employee retention,…
SBH Prevails before Court of Appeals on Case Addressing Occupational Disease Analysis
In Luton v. Willamette Valley Rehabilitation Center, 432 Or App 487 (2015), claimant filed a claim for right wrist pain. He testified that on April…
