June 1, 2022
by Elyse Lopez

Oregon WCD Issues Proposed Draft Rules for Dancingbear

Last October, SBH attorney Anna McFaul wrote a blog covering the Dancingbear v. SAIF decision issued by the Oregon Court of Appeals. As you likely…

May 25, 2022
by Andrew Evenson

Oregon WCB Issues Troubling Decision Regarding New/Omitted Claim Processing Obligations

The Oregon Workers’ Compensation Board recently issued a troubling decision in Luis F. Nava, 74 Van Natta 372 (2022), which impacts how it finds employers/insurers/administrators…

May 18, 2022
by Kara Cogswell

Ninth Circuit Agrees Temporary Impairments Can Be Disabilities Under ADA

A recent decision by the Ninth Circuit confirms that temporary medical conditions can qualify as disabilities under the Americans with Disabilities Act (ADA).  The outcome…

May 12, 2022
by Rebecca Watkins

Questions about Oregon’s Paid Family and Medical Leave Insurance (PFMLI) program?

The Oregon Employment Department will administer this new leave program and is starting the process of outlining rules. Employers will begin collecting/paying contributions on January…

May 11, 2022
by Evan Novotny

Increased WRMEs in Oregon?

A worker requested medical exam (WRME) is the equivalent of an insurer arranged independent medical exam–but as the title implies, requested specifically by the worker….

May 10, 2022
by Kevin Anderson

Oregon WCD Starts Rulemaking Process for Timeloss Bill (HB 4138)

The WCD held the first public meeting on May 3rd to address issues related to implementing HB 4138 made several changes to processing temporary disability…

May 4, 2022
by Kevin Anderson

Oregon Workers’ Compensation Board Reopening to the Public

After two years of telephonic and video hearings, the Oregon Workers Compensation Board is reopening to the public and starting to set in-person hearings and…

April 27, 2022
by Elizabeth Aaberg

Washington L&I Conducts Ambient Heat Exposure Rulemaking

The Department is conducting rulemaking to update the requirements for occupational heat exposure from high ambient temperatures in all industries, including outdoor and indoor exposures….

April 21, 2022
by Rebecca Watkins

Partial Denial does not Allow Apportionment of Impairment at Claim Closure in Oregon

On April 21, 2022, the Oregon Supreme Court issued its decision in Johnson v. SAIF Corporation, 369 Or 577 (2022). Johnson caught her hand in…

April 20, 2022
by Randi Ensley

Changes Coming to Oregon’s Workplace Fairness Act January 1, 2023

The Oregon legislature made several changes and key clarifications to the Workplace Fairness Act during the 2022 legislative session. The law currently restricts employers from,…

April 13, 2022
by Matthew Baker

Oregon Supreme Court Affirms Narrow Construction of Exemption To Subject Worker Statute

Employee or contractor? The classification of a worker can impact what benefits a worker is entitled to, and the trucking industry has often been at…

April 6, 2022
by David White

New L&I Rules Regarding IMEs Take Effect April 23, 2022

Starting April 23, 2022 the Washington Department of Labor & Industries will be implementing new rules regarding IME notices and what constitutes a “case progress…

March 30, 2022
by Megan Vaniman

Oregon Court of Appeals determines injury during paid break is not compensable

Are we seeing a shift in the Court of Appeals in relation to injuries during paid breaks?  Recently, in Watt v. SAIF, the Court of…

March 23, 2022
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…

March 18, 2022
by Kevin Anderson

2022 Legislative Update

The Oregon legislature met for a short regular session in early 2022, but we saw some significant changes to the workers’ compensation system in that…

March 2, 2022
by Hannah Teig

Oregon Employment Department Finds Vaccine Mandate for Remote Workers Reasonable

The Oregon Employment Department recently denied a former Nike employee’s unemployment benefit application in February 2022. The worker, who worked remotely, was fired for failing…

February 23, 2022
by Omeed Ghaffari

Applying Dispositive Motions to Presumption Claims in Washington

The Hanford Presumption was created in HB 1723 back in March of 2018. It created a presumption that certain diseases and conditions, enumerated in RCW…

February 16, 2022
by Christine Olson

Washington’s Board of Industrial Insurance Appeals Provides Some Guidance in Applying Maphet

Ever since the Washington Court of Appeals issued the Clark County v. Maphet decision in late 2019, employers have struggled with the ramifications and implications…

February 9, 2022
by Anna McFaul

Is an Off-Premises Exercise Injury Compensable When Participating in an Employer Wellness Program?

In the recent Watt case, the Oregon Court of Appeals considered compensability of a claim where the worker was exercising off premises as part of…

February 2, 2022
by Elyse Lopez

Take Note: Potential Implications for Oregon COVID Claims?

The Court of Appeals recently issued an opinion in Rogers v. Corvel Enterprise Comp. Inc., 317 Or App 116 (2022) that could have negative implications…

January 26, 2022
by Michael Godfrey

Department of Labor & Industries Amends Emergency Rule for Temporary Housing of Workers

Managing temporary housing for workers has been a significant undertaking for employers since the onset of the Covid-19 pandemic. In May of 2020, the Washington…

January 19, 2022
by Andrew Evenson

Navigating the maze of “combined condition” claim processing in Oregon

Last week, Evan Novotny provided analysis of numerous recent Board and Court of Appeals decisions, which highlight some of the multiple difficulties that employers/insurers/administrators face…

January 12, 2022
by Evan Novotny

Oregon Court of Appeals issues another decision scrutinizing combined condition defenses

We often discuss combined condition acceptances and denials as useful claim processing tools, particularly in closing a claim which may otherwise be difficult to close,…

January 5, 2022
by Sarah Cohen

A New Year Means New Rules and Guidelines

As we hit the ground running in 2022, there are few rule changes to keep in mind when administering claims in Washington. I’ve included a…

December 29, 2021
by Kara Cogswell

Sixth Circuit Upholds Vaccine Mandate for Large Employers

Earlier this month, the U.S. Court of Appeals for the Sixth Circuit lifted a stay by the Fifth Circuit on President Biden’s federal vaccine mandate…