To make more efficient use of pension adjudicators’ time, the Department has developed new procedures that went into effect 4-23-12. There is a new Pension Review Coversheet that must be submitted with all requests. See attached Review Coversheet and Department Guidelines. New Process for Self-Insured Pension Reviews Pension Review Coversheet
The department, workers, and providers often receive correspondence from self-insured employers or their third party administrators that doesn’t include the department’s (L&I) claim number. Many self-insured employers assign their own claim number and don’t include the L&I claim number on correspondence about the claim. Failure to include the L&I claim number has resulted in delays, confusion and additional administrative expenses for the department, injured workers, and medical providers. The department let the self-insured community know on 1/15/12 about the department’s plans to begin issuing penalties for claim related communication that both: Originates from the self-insured employer or their third party administrator Does not include the L&I claim number. In addition to the L&I claim number,… Continue reading
This week, the Oregon legislature passed SB 1548 preventing discrimination against the unemployed. This new law, effective March 27, 2012, prohibits ads or job postings that require applicants to be currently employed. Employers may still post jobs that state only current employees of the company will be considered for the position. Violations of this law will expose employers to civil penalties by the Bureau of Labor & Industries (BOLI).
Employer may have violated ADA and state law by using post-offer medical information in discipline and WC
Employee sued employer alleging workers’ compensation retaliation. Employee alleged the employer misused her post-offer medical questionnaire to terminate her employment and reduce workers’ compensation benefits. The claim was brought under ORS 659A.133. However, the court relied on provisions of the ADA, including 42 USC Sec 12112(d)(3). The court cited precedent from other states. As such this case presents concerns for all employers. Claimant completed a post-offer medical questionnaire and did not reveal a childhood history of scoliosis or early signs of carpal tunnel syndrome. She filed a workers’ compensation claim for carpal tunnel and this was accepted. However, her employer terminated her for falsifying her post-offer medical questionnaire. Her workers’ compensation benefits… Continue reading
The world of employment and workers’ compensation law is ever changing. The changes are not predictable and it does not make sense to wait until the next quarterly newsletter to update our clients. Blogs are a perfect way for SBH attorneys to communicate regarding important new legal issues, case law development, industry development and happenings at SBH. You can access the blog in many different ways including through an RSS feed, emails, or a twitter feed. You can limit the information so that you only receive updates on certain topics. This way, you get exactly what you want, when you want it and the way you want it. Some will wait for a printed… Continue reading