ADA/FMLA Employer Work Group
We hope to see you Thursday, November 8th at the Kaiser & DMEC Oregon/SW Washington ADA FMLA Employer Work Group. Rebecca Watkins and I are partnering with DMEC along with Mike Moses of Kaiser, to host an employer roundtable discussion to answer questions regarding all aspects of the ADA and…
Court Less Likely to Find Parking Lot Injuries Compensable?
In Enterprise Rent-A-Car v Frazer, a divided Court of Appeals reversed the WCB’s finding of compensability in a parking lot injury. The employer at issue had a storefront in a strip mall, including several parking spots its rental cars occupied. It had two break rooms, but employees were allowed to…
OR-OSHA ALERT
Oregon OSHA is developing an administrative rule which has the potential to significantly change what it must prove to establish a violation of a safety rule. Currently, to establish a valid citation, OR-OSHA must prove the employer knew (actual knowledge) or could have known (constructive knowledge) of the condition giving…
Discriminatory practices or just claims increasing?
According to MSNBC reports, the EEOC received a record 99,947 job-related discrimination complaints in 2011. The largest increase is in the area of religious discrimination, with increases in national origin and disability complaints as well. This shifting pattern of complaints may reflect a growing diversity in the work force. The…
Oregon Minimum Wage increases to $8.95 for 2013
BOLI announced today that Oregon’s minimum wage will increase 15 cents to $8.95 per hour on January 1, 2013. Oregon law requires the state minimum wage to be adjusted each year based on the Consumer Price Index (CPI), and the new minimum wage reflects a CPI increase of 1.7%.
Medical Provider Network Reforms in Washington
Beginning January 1, 2013, Washington medical providers will be required to be in the new statewide workers’ compensation medical network in order to treat injured workers beyond an initial office visit or emergency room visit, regardless of whether the injured worker is covered by a self-insured employer or L&I. Beginning…
EEOC Update
In April 2012, the EEOC issued updated enforcement guidance on employer use of arrest and conviction records in hiring decisions. This comes on the heels of a $3 million settlement with an employer whose criminal background check policy disproportionately excluded African-American applicants. The policy was neutral on its face. The…
Wage Claims at a Record Setting High
Reports indicate the number of wage claims filed under the Fair Labor Standards Act is at an all time high. Last year, there were approximately 7000 lawsuits filed under the FLSA. With less than 5 months left in the reporting year, the number of FLSA suits already exceeds the total…
The Sweet Taste of Victory
We always love a good win at SBH, but it is especially sweet when hard work results in important legal precedent. The Court of Appeals decision in Brumage v. ESCO Corp. became final last week, after the Supreme Court declined claimant’s Petition for Review. 248 Or.App. 399 (2012). In this…
Washington Proposed Premium Increases: What’s an Employer To Do?
The good news is that Washington Legislature’s 2011 reforms are projected to reduce the state fund’s liabilities by almost $400 million. The bad news is that state fund premiums are expected to continue rising until the full benefits of the 2011 legislative reforms are realized. The predicted premium increases are…
Washington Workers’ Comp. 101 – What Employers Need to Know
Join me this Thursday, August 2nd from 8 – 9 a.m. to learn about the L&I Administrative Process. The training will include: Claim Investigation, Life of a Claim, Benefits, ADA & Interactive Process, Aggravation Rights, Litigation, Settlement, Transitional or Modified Duty Program and Wage Information This is a free seminar…
Court Rules Claimants’ Attorneys Need More Money
In SAIF v. Crystal L. DeLeon (06/28/2012), the Supreme Court held a claimant’s attorney is entitled to an attorney fee whenever the insurer initiates any level of review and the claimant ultimately prevails at any subsequent level. The party initiating the final level of review is no longer of consequence. …
No Annual Increase in Maximum Attorney Fees for July 1, 2012 through June 30, 2013
Every July 1 the attorney fees awarded under ORS 656.262(11)(a) and ORS 656.308(2)(d) are adjusted by the same percentage increase as the average weekly wage. However, effective July 1, 2012, the average weekly wage will decrease 0.15% from last year, making the average weekly wage $841.26 for July 1, 2012…
Court of Appeals Upholds Right to Apportion Permanent Disability Awards at Closure
In a new PPD case, Schleiss v. SAIF Corp., the Oregon Court of Appeals upheld an insurer’s right to apportion permanent disability awards. Claimant was injured in April 2008. In 2009, the claim was closed with no impairment. Claimant appealed and requested a medical arbiter evaluation. The arbiter found range…
Are actors and acting instructors employees or independent contractors for purposes of workers’ compensation?
Maybe. In a recent case, SAIF Corp v. DCBS and Northwest Children’s Theater and School, the Oregon Court of Appeals discussed the legal framework a theater company must evaluate to determine if its actors and instructors are workers for whom it must obtain workers’ compensation coverage. Northwest Children’s Theater (NWCT)…
Join me at the DMEC Employer Work Group on May 30th
On May 30th I will be a facilitator at the ADA/FMLA Employer Work Group lunch session. This is sponsored by Kaiser Permanente & DMEC Oregon/SW Washington. This is an opportunity for you, as the employer, to bring questions about any aspect of the ADA/FMLA process, challenging case studies, or examples of best practices. It will be…
Wal-Mart Pays the Cost of Misclassifying Employees
The Department of Labor announced today that it has settled a nationwide overtime claim with Wal-Mart. Prior to 2007, the large retail chain misclassified certain vision center managers and security personnel as exempt, which meant these individuals were not paid overtime. After years of negotiation, Wal-Mart has agreed to pay…
New Washington Department of Labor & Industries Pension Review Process
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
In Washington – New DLI Requirement
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…
Unemployment Discrimination
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…
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…
Welcome to the new SBH Blog
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…
