Department of Labor & Industries Requiring New and Updated Forms on October 1, 2020
The Department of Labor & Industries has created new forms and templates for use by self-insured employers, third-party administrators, and Physical and Occupational Therapists. The…
Oregon Workers’ Compensation Board now administering hearings and mediations via “Zoom” platform
Since April, under Governor Brown’s “Stay home, Save lives” Executive Orders, the Workers’ Compensation Board (WCB) hearings divisions have not administered any in-person hearings or…
Proposed Unemployment Rule May Impact Oregon Employers-Feedback Due by October 21
On September 3, 2020, the Employment Department issued a Notice of Proposed Rulemaking of Oregon Administrative Rule (OAR) 471-030-0071. The proposed rule (found here) gives…
Ninth Circuit Court of Appeals Upholds Hanford Presumption Law
On August 19, 2020, the Ninth Circuit issued an opinion finding Washington was not in violation of federal law when it implemented HB 1723, also…
Washington Self-Insured Employers Face Increased Penalty Amounts Starting September 1
Self-insured employers in Washington should be aware that penalty amounts increase on September 1, 2020, as a result of HB 2409, passed earlier this year….
New Rules in Oregon Affecting Assessed Attorney Fees in Workers’ Compensation Cases
The Oregon Workers’ Compensation Board (“WCB”) met on August 18, 2020 to finalize two new rule proposals affecting attorney fees for claimant’s counsel. First, the…
Oregon Court of Appeals Clarifies Occupational Disease Standard
In a recent decision, the Court of Appeals clarified a worker’s burden of proof in an occupational disease claim. Johnston v. Gordon Trucking – Heartland…
Wage Calculation of H-2A Visa Workers in Washington
The United States H-2A visa program allows employers to bring foreign nationals into the country to fill temporary agricultural positions. Due to labor shortages, it…
Oregon Workers’ Compensation Mental Health Presumption of Compensability
Presumption—it’s a scary word in the world of Oregon workers’ compensation. Last year Oregon passed Senate Bill 507—now codified at ORS 656.802(7)—creating a presumption of…
Getting Back to Work in a COVID World
As we all begin to return to work following the loosening of restrictions, it is important to take stock and prepare for the future. By…
Trial Attorneys and Unions Pushing for COVID-19 Presumption Legislation
On June 23, 2020, Governor Brown directed the Management-Labor Advisory Committee (MLAC) to explore any gaps in our current workers’ compensation system related to COVID-19,…
SBH Attorney Randi Ensley 2020 Oregon Rising Star
SBH is pleased to announce Randi Ensley has been recognized by Super Lawyers as a 2020 Oregon Rising Star. Congrats, Randi!
Oregon employers: are you ready for the Workplace Fairness Act?
The Workplace Fairness Act goes into full effect on October 1, 2020. This Act adds to Oregon’s existing discrimination and harassment laws, extending statutes of…
Oregon OSHA will Adopt Rules Addressing the COVID-19 Emergency
Recently, Oregon OSHA announced it has begun work on temporary rules addressing the COVID-19 emergency. The target date for the rules is September 1st and…
The Oregon Court of Appeals doubles down on the two-prong Roseburg Forest test making it easier for a presumptively responsible employer to shift responsibility
In April 2020, the Court of Appeals issued a significant decision regarding responsibility cases. In NAES Corporation v. SCI 3.2, Inc., 303 Or. App. 684…
SBH Video Series: PPP Loans and Return to Work
SBH is excited to announce it will be producing a series of short videos addressing various issues employers are facing during the COVID-19 Crisis and…
Washington State Announces 2020 COLA Increase; Affects Temporary Disability Payments Starting July 1st
Under RCW 51.32.075 temporary disability benefits are recalculated July 1st of each year to reflect changes in the states average wage. According to the Washington…
Oregon minimum wage increase on July 1st
With everything else going on right now, the yearly increase in minimum wage may not be the first thing on any employer’s mind. Don’t forget…
Annual Adjustment of Attorney Fees in Workers’ Compensation Claims in Oregon
The Oregon Workers’ Compensation Board recently issued a revised Bulletin No. 1 addressing the maximum attorney fee under several statutes. The attorney fees affected by…
Claims Examiner Certification Renewal in Oregon and COVID-19
Three months into the pandemic, we have all seen changes in both our daily lives and in our professional lives. One of these changes has…
Back to Basics: While easy to overlook during the COVID-19 pandemic, double checking details in Washington Claims is still as important as ever
As the impacts of COVID-19 continue to occur and affect people and businesses, it is easy to get swept up in the breadth of complexities…
In the midst of COVID-19 pandemic, Oregon Court of Appeals issues troubling ruling for processing new/omitted condition claims
The Oregon Court of Appeals issued its decision in Coleman v. SAIF, 304 Or App 122 (2020) on May 13, 2020. Claimant filed a claim…
Course of Employment in Washington: What Factors are Considered When an Employee is Injured While Working from Home?
As the State of Washington slowly implements its four-phase recovery plan, many employees continue to work remotely from home in various capacities due to the…
Oregon Employee Injured While Working from Home? Best Practices to Determine Compensability
With the onset of COVID-19 and statewide stay-at-home orders, a high percentage of today’s workforce is operating from home, or in some variation of remote…
Oregon Health Authority Releases Reopening Guidance for Oregon Employers
On May 7, 2020, the Oregon Health Authority (OHA) released a series of sector-specific guidance as well as general guidance to assist employers in making…
