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…
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…
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…
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…
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…
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…
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…
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…
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…
Are Oregon Attorney Fee Awards Higher in Workers’ Compensation? Yes!
It is not your imagination. The Workers’ Compensation Board published their Annual Attorney Fee Report on January 19, 2023, which includes a breakdown of the…
Washington Legislature Considers Bills to Drastically Increase Penalties and Impose Standard of Care on Self Insured Employer’s/TPAs
As part of the current session, the Washington State legislature is considering bills in the House and Senate which impose a duty of good faith…
No Doctor, No Problem? Rule 904 & Washington State Claims
There are many reasons, despite the best efforts of adjusters, adjudicators, and attorneys, that a workers compensation claim may take a while to resolve. Long…
ARU and MRT Electronic Uploads – Oregon WCD Expands Use of its Portal
Unlike the portal utilized by the Oregon Workers’ Compensation Board, the Workers’ Compensation Division’s portal had very limited use – it allowed insurers and self-insured…
When to request a segregation order on a newly contended condition in Washington
The Department of Labor and Industries recently addressed when it believes a request for a segregation order is appropriate on newly contended conditions. A condition…
Proposed Oregon bill to disallow no-rehire provisions in workers’ compensation settlements
AFL-CIO (a conglomerate of union groups) has proposed legislation to prohibit no re-hire/reemployment/reinstatement clauses in workers’ compensation settlements. Specifically, the proposed legislation would only allow…
Federal Trade Commission Proposes Broad Ban to Non-Compete Agreements
On January 5, 2023, the Federal Trade Commission (FTC) released a Notice of Proposed Rulemaking (NPRM) that seeks to ban employers from imposing or enforcing non-compete clauses…
What information should be considered when assessing compensability of an Oregon stress claim?
When confronted with a stress claim, it is important to assess all relevant aspects of employment factors, excluded factors, and nonwork related factors in determining…
Washington State Requiring Salary Transparency on Job Postings Effective January 1, 2023
On January 1, 2023, RCW 49.58.110 goes into effect. This law addresses salary transparency in job postings for certain Washington State employers. In November 2022,…
Permanent Rule Changes Coming to Oregon Workers’ Compensation!
There are new and significant rule changes to Oregon Workers Compensation. These will affect the way workers’ compensation benefits are paid and calculated. Additionally, notable…
Is that a protest?
The Washington Industrial Insurance Act allows parties aggrieved by Department orders to request in writing reconsideration, known as a protest, of the order within 60-days…
Oregon Paid Family Leave Starts in 2023
The Oregon Paid Family & Medical Leave (OR PFML) program was enacted in August 2019, and beginning January 1, 2023, Oregon employers and employees will…
Washington L&I Proposed Changes to Presumptive Coverage of PTSD as an Occupational Disease – Feedback Due by January 13
On November 22, 2022, the Department of Labor & Industries filed a Notice of Proposed Rulemaking seeking to amend WAC 296-14-300 to clarify coverage of…
Complexities with CRPS as a new/omitted condition, and positioning to win the battle in Oregon Workers’ Compensation
The cause of complex regional pain syndrome (CRPS) is not well understood. It is a form of chronic pain, usually affecting an arm or leg,…
New Assessed Attorney Fee Rules For Reconsideration Proceedings in Oregon
In September 2021 the Oregon Court of Appeals issued its decision in Dancingbear v. SAIF and determined a worker’s attorney can be awarded an assessed…
Washington’s Board of Industrial Insurance Appeals Limits Workers’ Ability to Add Occupational Disease Conditions to Industrial Injury Claims in Tentatively Significant Decision
In some Washington workers’ compensation cases, a significant hurdle can be determining whether a condition in a worker’s claim resulted from an industrial injury or…
