September 23, 2020
by Michael Godfrey

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…

September 16, 2020
by Andrew Evenson

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…

September 9, 2020
by Randi Ensley

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…

September 2, 2020
by Sarah Cohen

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…

August 26, 2020
by Kara Cogswell

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….

August 21, 2020
by Kevin Anderson

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…

August 19, 2020
by Kevin Anderson

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…

August 12, 2020
by Elizabeth Aaberg

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…

August 5, 2020
by Megan Vaniman

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…

July 29, 2020
by Adriana Ortega

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…

July 27, 2020
by Kevin Anderson

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,…

July 23, 2020
by Laurel

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!

July 22, 2020
by Rebecca Watkins

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…

July 15, 2020
by Stephen Verotsky

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…

July 8, 2020
by Hannah Teig

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…

July 2, 2020
by Laurel

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…

July 1, 2020
by David White

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…

June 29, 2020
by Rebecca Watkins

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…

June 24, 2020
by Lauren Oda

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…

June 17, 2020
by Evan Novotny

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…

June 10, 2020
by Christine Olson

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…

June 3, 2020
by Elyse Lopez

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…

May 27, 2020
by Michael Godfrey

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…

May 20, 2020
by Andrew Evenson

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…

May 13, 2020
by Randi Ensley

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…

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