September 1, 2023
by Katerina Wolfe

Acute Stomach Pain and the Sheepherder–Oregon Court of Appeals issues decision on course and scope

The Oregon Court of Appeals issued a non-precedential memorandum opinion on an interesting case recently involving a worker who experienced an acute medical condition, a…

August 24, 2023
by Zachary Goldberg-Johns

What Decision? Washington requirements on Communication and Mailing.

RCW 51.52.060 sets forth the Department’s rules regarding the timeline to appeal a decision. It explains that any party (with the exception of certain enumerated…

August 16, 2023
by David White

New Law Restricting “No-Rehire Provisions” In Oregon Workers’ Compensation Settlement’s Takes Effect

On July 27, 2023 Oregon Governor Tina Kotek signed HB 3471 into law. The bill places restrictions on when a “no-rehire” provision can be included…

August 10, 2023
by Madeline Mahugh

Washington Department of Labor & Industries Implement Changes to Red Card Appeals Processes and Discrimination Adjudication Processes in August

The Washington Department of Labor & Industries intends to implement the provisions of 2021’s Engrossed Substitute House Bill 1097 later this month. This bill made…

August 2, 2023
by Allison Harper

Updated Heat Protections Rules in Washington Implemented Year-Round Focusing on Shade, Cool-Down Rest Periods and Monitoring of Workers.

On July 17, 2023, new changes went into effect under WAC 296-62-095 and WAC 296-307-097 expanding the existing requirements relating to outdoor heat exposure. These…

July 27, 2023
by Courtney Kreutz

Denying an Oregon Claim Based on an IME? Read This!

At this point, you can probably issue a claim denial in your sleep. You know the denial must state the factual and legal reasons for…

July 18, 2023
by McKenzie Brooks

New Notice Requirement for Independent Medical Examinations in Washington Effective July 23, 2023.

Substitute House Bill (SHB) 1068 was adopted into law by the legislature effective July 23, 2023. This legislation amends RCW 51.36.070, giving workers the right…

July 13, 2023
by Megan Vaniman

Oregon Annual Adjustment to Maximum Attorney Fees Effective July 1, 2023

It’s that time of year again, the Oregon Workers’ Compensation Board published the annual adjustment to attorney fees awarded under ORS 656.262(11)(a); ORS 656.262(14)(a); and…

July 6, 2023
by Randi Ensley

2023 Legislative Wrap-Up – Key Changes for Oregon Employers

The 2023 Oregon Legislative session adjourned June 25, 2023. Below is a summary of the bills impacting Oregon employers that passed this session. SB 999…

June 27, 2023
by Matthew Baker

Oregon Legislative Roundup

There was slightly more drama to the 2023 Oregon legislative session than in a typical year, but the session came to a close on June…

June 21, 2023
by Hannah Teig

COVID-19 Era Amendment to the Oregon Equal Pay Act to Become Permanent?

Under the current version of the Oregon Equal Pay Act, employers are prohibited from paying an employee a higher rate than a coworker for similar…

June 13, 2023
by Evan Novotny

Oregon Court of Appeals Rejects Claimant Argument to Expand Meaning of “Compensable Injury” for Purposes of Assigning Permanent Impairment

On June 7, 2023, the Oregon Court of Appeals issued its Opinion on Gramada v. SAIF, refusing to expand the meaning of the term “compensable…

June 6, 2023
by Joe Urbanski

New PTSD Presumption for Registered Nurses in Washington

On May 9, 2023, Governor Jay Inslee signed SB 5454 into law further expanding the number of presumptions under the Washington Industrial Insurance Act. SB…

June 2, 2023
by Christina Joseph

There’s a fee for that! The Oregon Court of Appeals authorized the award of attorney fees incurred while litigating the reasonableness of an attorney fee award.

In the case of Peabody v. SAIF, 326 Or App 132 (2023), the Oregon Court of Appeals addressed appeals brought by Ms. Peabody regarding entitlement…

May 26, 2023
by Stephen Verotsky

Oregon OSHA – Senate Bill 592A Significantly Expands Oregon OSHA Investigation Authority and Substantially Increases Civil Penalties.

Oregon lawmakers have approved a bill that expands OSHA investigation authority and increase the penalties businesses face when they violate workplace safety rules. Governor Tina…

May 22, 2023
by Erling Hanna

Changes coming to retroactive temporary disability authorizations in Oregon

In our prior blog post, here, we discussed the changes coming under House Bill 4138, as it relates to claim closure and overpayment issues. We…

May 11, 2023
by Stephen Verotsky

Compensability of Medical Treatment in Oregon – Standard: Related in Material part to “Work Injury” or Directed to Accepted Conditions

In 2019 the Oregon Supreme Court determined that medical services under ORS 656.245 for an unclaimed, unaccepted condition can be the responsibility of a carrier…

May 5, 2023
by Kevin Anderson

New Claim Closure and Overpayment Rules in Oregon Starting January 1, 2024

As we have touched on before, there will be some major changes next year to how we process claims, particularly when it comes to claim…

April 26, 2023
by Christine Olson

Washington’s Department of Labor & Industries Announces Changes to Covid-19 Presumption and IME Rules

As the saying goes, change is constant. Never, it seems, has this saying been more applicable to Washington workers’ compensation laws and claims administration. The…

April 18, 2023
by Elyse Waters

Climate change shapes the Department’s proposed rule changes for outdoor heat exposure safety in Washington

Summer is right around the corner and every year, outdoor temperatures are rising due to climate change. Before the first heat wave sets in, now…

April 11, 2023
by Omeed Ghaffari

When can a worker reclassify a Washington industrial injury claim to an occupational disease claim?

In Washington, workers’ compensation claims are bifurcated and categorized as an industrial injury or an occupational disease. An “industrial injury” involves a sudden and tangible…

April 5, 2023
by Andrew Evenson

Oregon State Legislature likely to pass House Bill 3471, creating new law for future “global” workers’ compensation settlements

Oregon workers’ compensation claim settlements come in many forms. Claim Disposition Agreements (CDAs) resolve disability entitlements related to an accepted claim, such as temporary and…

March 29, 2023
by Kara Cogswell Kidder

New Washington Board Decision Addresses Closure of Claims When Worker Deceased

The Washington Board of Industrial Insurance Appeals recently designated a new significant decision addressing the situation where a worker dies for unrelated reasons with an…

March 20, 2023
by Elizabeth Aaberg

Washington Board of Industrial Insurance Appeals Makes In Re Michael Reed a Significant Decision

On March 7, 2023, the Washington Board of Industrial Insurance Appeals published its Significant Decisions from 2022. Each year the Board classifies a small number…

March 6, 2023
by Anna McFaul

Where should Oregon Claim Disputes be Decided?

When Oregon workers’ compensation claim disputes arise, it is important to assess whether the dispute should be heard by the Oregon Workers’ Compensation Division or…

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