Oregon Legislature Increases Claimant’s Attorney Fees
The Oregon Legislature adjourned at the end of June and it is clear some major changes are coming for businesses, small and large, in the…
LHWCA Caselaw Update
Over the last three months there have been several noteworthy decisions under the Longshore and Harbors Workers’ Compensation Act. In M.K. v. California United Terminals,…
Washington Housekeeping Matters – COLA and Vocational Mileage Reimbursement
COLA Effective July 1, 2015, cost of living adjustments (COLA) will take effect for the benefit period of July 1, 2015 through June 30, 2016. …
Up in smoke? What Measure 91 means for your Employment Policy
On July 1, 2015, Measure 91 goes into effect in Oregon, signifying recreational marijuana’s legality statewide. Of course, its “legality” comes with several limitations. Measure…
Court of Appeals issues decision on U.S. Bank v. Diane Pohrman
The Oregon Court of Appeals issued a decision yesterday addressing the “social or recreational activity” exclusion in ORS 656.005(7)(b)(B). In U.S. Bank v. Diane Pohrman,…
Eugene Sick Leave Ordinance Scheduled to Go Into Effect on July 1, 2015 Postponed
The City of Eugene passed a sick leave law last July that was originally scheduled to go into effect on July 1, 2015. This law…
Neutral Policy Can Violate Title VII Based On New United States Supreme Court Case.
If you have ever been in an Abercrombie & Fitch store, you probably noticed all its employees are dressed in its clothes and look a…
OSHA issues guidance on transgender bathrooms
On June 1st, OSHA issued a new guide for employers regarding restroom access for transgender employees. The guide falls under OSHA’s sanitation standard that requires…
Corkum Adds Another Layer to Combined Condition Analysis
In the past year and a half, the Oregon Court of Appeals has done much to change the landscape of how combined condition claims are…
Court of Appeals clarifies compensability analysis for medical services.
By: Rebecca Watkins This month, SBH received favorable decisions from the Court of Appeals in two cases addressing compensability of medical services under ORS 656.245(1)….
Large Increase in Oregon Average Weekly Wage
By: Lauren Oda The Workers’ Compensation Division issued the revised Bulletin 111 May 18, 2015. According to the Bulletin, Oregon’s State Average Weekly Wage (SAWW)…
Oregon Supreme Court hears oral arguments in Brown v. SAIF
By: Megan Vaniman In May 2014, the Oregon Court of Appeals issued Brown v. SAIF, 262 Or App 640 (2014). The case changed the test…
Supreme Court allows personal estate to pursue Workers’ Compensation Claims
By: Steve Verotsky Recently, the Oregon Supreme Court reversed the Workers’ Compensation Board and Court of Appeals and determined that a worker’s estate is authorized…
Highest State Court finds PERS reform unconstitutional
By: Rebecca Watkins In a decision issued April 30th, the Oregon Supreme Court struck down a key provision of 2013 legislation concerning the Public Employees…
Federal Court ruling suggests that every disabling Workers’ Compensation claim should trigger ADA interactive process
By: Krishna Balasubramani Judge Michael Simon issued a decision in Dunlap v. Liberty Natural Products, Inc. (April 20, 2015) addressing the overlap between the ADA…
Could an Increase in Assessed Attorney Fees be Coming?
By: Megan Vaniman House Bill 2764 was introduced to the House Floor on April 20, 2015. HB 2764, spearheaded by the Oregon Trial Lawyers Association,…
SBH Attorneys Present at WCCA Spring Conference
By Kevin Anderson I had the pleasure of presenting with my colleague Rebecca Watkins and Sheri Sundstrom from Hoffman Construction at the WCCA conference regarding…
Why are Claimant’s Attorneys receiving a Fee when the ALJ affirms a Denial?
By: Kevin Anderson A claimant’s attorney received a fee for unsuccessfully challenging a new/omitted claim for “arthralgia.” Even though the de facto denial was ultimately upheld,…
Join SBH at the WCCA Spring Education Conference
By: Rebecca Watkins Come join us Tuesday April 14, 2015 in Wilsonville for the WCCA Spring Education Conference. Presenters will cover topics such as investigations,…
Pregnancy and Work: Young v. UPS
By: Sarah Ewing Pregnancy discrimination is protected under the Pregnancy Discrimination Act (PDA). Courts often struggle with how to handle pregnancy issues because it is…
Longshore Recent Caselaw Update
By: Norman Cole There have not been many noteworthy cases issued during the last several months. Jackson v. Ceres Marine Terminals, Inc, 2014 WL 749188…
Managing Chiropractic Care in Oregon
By: Megan Vaniman Chiropractic care is often frequent and long-lasting. Oregon Workers’ Compensation laws limit the time a chiropractic doctor can act as an attending…
New Administrative Rules Regarding Claim Closure effective March 1, 2015
By: Kevin Anderson The WCD has published new administrative rules responding to two recent court cases (Brown v. SAIF, 262 Or App 640 (2014); Schleiss…
DMEC Quarterly Roundtable Tomorrow
By: Rebecca Watkins Do FMLA & ADA issues frustrate you? DMEC hosts quarterly roundtables for employers and HR professionals to come together and discuss the…
WCD Seeks Input on Significant Changes to OAR 436
By: Kevin Anderson Over the last few months, the Oregon Workers’ Compensation Division was considering making significant changes to OAR 436 in light of two…
