Is an Off-Premises Exercise Injury Compensable When Participating in an Employer Wellness Program?
In the recent Watt case, the Oregon Court of Appeals considered compensability of a claim where the worker was exercising off premises as part of…
Take Note: Potential Implications for Oregon COVID Claims?
The Court of Appeals recently issued an opinion in Rogers v. Corvel Enterprise Comp. Inc., 317 Or App 116 (2022) that could have negative implications…
Department of Labor & Industries Amends Emergency Rule for Temporary Housing of Workers
Managing temporary housing for workers has been a significant undertaking for employers since the onset of the Covid-19 pandemic. In May of 2020, the Washington…
Navigating the maze of “combined condition” claim processing in Oregon
Last week, Evan Novotny provided analysis of numerous recent Board and Court of Appeals decisions, which highlight some of the multiple difficulties that employers/insurers/administrators face…
Oregon Court of Appeals issues another decision scrutinizing combined condition defenses
We often discuss combined condition acceptances and denials as useful claim processing tools, particularly in closing a claim which may otherwise be difficult to close,…
A New Year Means New Rules and Guidelines
As we hit the ground running in 2022, there are few rule changes to keep in mind when administering claims in Washington. I’ve included a…
Sixth Circuit Upholds Vaccine Mandate for Large Employers
Earlier this month, the U.S. Court of Appeals for the Sixth Circuit lifted a stay by the Fifth Circuit on President Biden’s federal vaccine mandate…
Oregon Course and Scope Cases Focusing on Where Injury Occurred
In two recent cases, the Oregon Court of Appeals found two off-premises injuries compensable. Charles Davis v SAIF, 316 Or App 301 (2021); Lahna Lynn…
Washington Supreme Court Issues Ruling on WISHA Violations for Staffing Agencies
In the recent Tradesman case, the Washington Supreme Court addressed whether in the joint employer context, staffing agencies may be liable employers for safety violations…
Federal OSHA Emergency Temporary Standard on vaccination and testing for employees is temporarily stayed by 5th Circuit Court of Appeals
Over the past 18 months, employers have learned to adapt to rapidly changing circumstances in light of the Covid-19 pandemic. The recent spate of vaccine…
Oregon CROWN Act Goes into Effect January 1, 2022
In 2021, the Oregon Legislature passed the Oregon CROWN Act. The CROWN act prohibits employers from discriminating against employees and potential employees based on hairstyles…
Washington Court of Appeals Issues Decision Restricting Type of Evidence to Rebut Firefighters’ Presumption
In a recently published decision, Bradley v. City of Olympia, the Washington Court of Appeals clarified the type of evidence an employer or the Department…
OSHA Reveals Standard to Implement Vaccine Mandate
On November 4, 2021, the Department of Labor’s Occupational Safety and Health Administration (OSHA) released its Emergency Temporary Standard (ETS) which implements President Biden’s vaccine-or-test…
Long COVID and Its Workers’ Compensation Implications in Washington
While COVID-19 still dominates all aspects of the workforce and complicates decisions on when to request that workers come back to in-person working, a new…
In re: Katherine Bard: A Tentatively Significant Board Decision
Every year, Washington’s Board of Industrial Insurance Appeals determines whether any of the decisions or orders issued that year should be designated as a “significant…
Oregon Vaccine Mandate for Health Care Workers and Educators in Effect on October 18
Governor Brown’s vaccine mandate for Oregon health care workers and educators went into effect earlier this week. On August 19, 2021 Governor Brown implemented a…
Potential Changes to Oregon Time Loss Rules Coming?
The Workers’ Compensation Section of the Oregon Trial Lawyers Association (OTLA) is currently in the process of drafting a bill with proposed changes to ORS…
Oregon Court of Appeals Allows Assessed Fee When Order on Reconsideration Awards Additional Temporary Disability
In the recent Dancingbear case, the Court of Appeals awarded an assessed attorney fee when additional temporary disability benefits were obtained through the reconsideration process….
Status of In-Person Hearings in Oregon
As we wrap up the 18th month of the COVID-19 pandemic, what does the future hold for Oregon workers’ compensation in-person hearings? The Board remains…
Department of Labor & Industries Updates Medical Treatment Guidelines for Lumbar Spine Surgery
On September 21, 2021, the Washington Department of Labor & Industries published new treatment guidelines for lumbar spine surgery. For those unfamiliar, the Medical Treatment…
Oregon Court of Appeals issues favorable decision for employers regarding combined condition processing
Under ORS 656.005(7)(a)(B), “if an otherwise compensable injury combines at any time with a preexisting condition to cause or prolong disability or a need for…
Oregon OSHA Issues Temporary Rules Regarding Protection from Wildfire Smoke
Effective August 9, 2021 and running for a period of 180 days, certain Oregon employers must comply with temporary rules imposed by the Oregon Occupational…
Washington Implements Masking and Vaccine Mandates
With increases in COVID-19 caused by the delta variant, the state of Washington and the Department of Labor and Industry have provided updated guidance and…
Is Your Organization Considering Mandating the COVID Vaccine for Employees? What You Need to Know.
Earlier this month, The Department of Veterans Affairs announced it will soon mandate that all health care providers and personnel be fully vaccinated against COVID-19….
Board’s 2020 Significant Decisions Include Two of Interest to First Responder Employers
The Washington Board of Industrial Insurance Appeals recently published its list of Significant Decisions for 2020. Per WAC 263-12-194, these are decisions which the Board…
