Sather, Byerly & Holloway Welcomes New Partner

  Sather, Byerly & Holloway, LLP is pleased to announce Rebecca Watkins is a partner effective July 1, 2018. Rebecca manages the firm’s appellate department. She advises employers on policy development and employment decisions. She also represents Oregon and Washington clients in court before administrative agencies on disputes relating to wage and hour, discrimination, personal injury, leave laws, and workers’ compensation. Rebecca is a valued member of our firm and we are excited to announce this addition to our partnership. Please do not hesitate to contact Rebecca at (503) 595-2134 for any employment related needs.

Predictive scheduling: What is it and does it apply to my company?

In a nutshell, Oregon’s new law requires certain employers to provide advance schedules for their employees and imposes penalties for last minute changes. SB 828 went into effect on July 1st and BOLI recently issued final rules for the new law, found here. Does it apply to my company? The law applies to retail, hospitality and food service establishments that employ 500 or more employees worldwide. This includes chains and – a more tricky concept – integrated enterprises. If your company operations overlap with another corporate entity (think parent, subsidiary, franchisor, general contractor) then take a look at the factors that determine if the companies would be considered an “integrated enterprise.” Those factors include: Interrelation of operations of the… Continue reading

New Washington Law: First Responder Presumption

On June 7, 2018 the First Responder Presumption, House Bill SB 6214 became law and changed the way workers and employers approach mental health claims filed by firefighters and law enforcement officers throughout the state of Washington. Before the First Responder Presumption, all workers, including first responders, were typically prevented from filing a claim for Post-traumatic Stress Disorder (PTSD) as an occupational disease. The new law changes this rule and carves out an exception for first responders. Now, when a firefighter or law enforcement officer files a claim for PTSD, it is presumed to be an occupational disease unless the employer proves otherwise. In other words, the new law shifts the burden of proof to the employer, who is now… Continue reading

Oregon Minimum Wage Increases on July 1, 2018

The next annual rate increase for minimum wage goes into effect on July 1, 2018. The standard rate increases to $10.75 per hour. Those in the Portland Metro area increase to $12.00 per hour and for non-urban counties, the rate increases to $10.50 per hour. If you are not sure which category you fall into, check out BOLI’s website here for a link to the Portland Metro urban growth boundary and a county-by-county map of rates. If you have any questions regarding which rate you are obligated to pay, please contact me directly at (503) 595-2134.

New Average Weekly Wage Calculation Rules

The Workers’ Compensation Division recently issued new rules for calculating average weekly wage. The new rules will apply to claims with dates of injury on or after February 21, 2018. Under the new rule: When a worker is paid irregular wages and there is an increase or decrease in the worker’s pay rate in the previous 52 weeks before the injury/occupational disease, this will not constitute a “new wage earning agreement.” The insurer must calculate the worker’s average weekly hours worked at each pay rate since the last wage earning agreement (not to exceed 52 weeks). The average hours at each pay rate will then be multiplied by the pay rate at the time of injury/occupational disease. Any irregular… Continue reading

Court of Appeals Case Reaffirms Objective Evidence Required For Reopening

In Hendrickson v. Dep’t of Labor & Indus., the Washington Division One Court of Appeals reaffirmed what evidence must support a reopening application. Claimant injured her middle and lower back in October 2007. The Department closed her claim in May 2012 with a category 4 dorso-lumbar impairment award. Just prior to claim closure, claimant complained to Dr. Martin she was “having ongoing pain all over.” In September 2013, claimant filed a reopening application, which the Department denied in February 2014. Claimant appealed. At hearing, claimant’s medical expert, Dr. Martin, testified that claimant’s cervical and lumbar MRI scans taken prior to claim closure and those taken in 2014 “were essentially unchanged” and there were “no objective findings of worsening” in claimant’s… Continue reading

Washington Paid Sick Leave – Sample Policies and Enforcement Rules

Starting January 1, 2018, Washington employers will have to provide paid sick leave to their employees. All employers are required to provide one hour of paid sick leave to an employee for every 40 hours worked, paid at an employee’s normal hourly compensation. Employees may use paid sick leave: (1) to care for themselves or their family members, (2) when an employee’s workplace or their child’s school or place of care has been closed by a public official for any health-related reason, or (3) for absences that qualify for leave under the state’s Domestic Violence Leave Act. Because you have likely heard or read about the law’s requirements, the focus of this post is to summarize the Department of Labor… Continue reading

Worker’s Compensation Division Addresses House Bill 2338 Regarding Benefits to Surviving Children

The Workers’ Compensation Division issued an Addendum to Bulletin No. 377 on December 8, 2017. The Division issued the addendum to address House Bill 2338, which changed the computation of fatal benefits to children of deceased workers or “surviving children.” The addendum does not change the monthly benefit amounts for: Surviving children receiving benefits at 25 percent of the base or average weekly wage (whichever applies) before January 1, 2018; or Surviving children or dependents with no surviving parents who are completing secondary education, a GED, or a program of higher education. The addendum does change all monthly benefits being paid at the 10 percent level before January 1, 2018. Those benefits must be increased to 25 percent for benefits… Continue reading

LHWCA Caselaw Update

There were several attorney fee decisions. All were unpublished and therefore only instructive rather than precedent. In Abassi v. Misson Essential Personnel and Yunis v. Academi, LLC, ALJ’s had based an award in part on fee awards from the district court. The Board directed the ALJ’s to explain how the district court decisions were selected, the market analysis provided in each, and how district court awards were for services by lawyers of comparable skill, experience, and reputation. In Anderson v. Hawaii Stevedores, Inc., the Board affirmed denial of costs when claimant’s attorneys failed to provide documentation verifying the amount, relevance, and necessity of costs. In Hardman v. Marine Terminals Corporation the claimant’s attorney performed services in… Continue reading

Join Me at the 16th Annual SBH Oregon Claims Professional Workshop

brian perkoSBH is hosting its annual Oregon Claims Professional Workshop on November 3, 2017 at the Holiday Inn in Wilsonville. Topics covered include an appellate update, independent medical exams and post traumatic stress disorder, non-subject workers, and vocational rehabilitation. You do not want to miss this years magical event! To register and for more information click here.