Join Sarah Ewing in WSIA’s Webinar Discussing the New Paid Family & Medical Leave Law

Please join me on October 6, 2017 as I present with other panelists in a live webinar to discuss Washington’s new Paid Family & Medical Leave Insurance law. The webinar will discuss Washington’s newly adopted paid family leave insurance program including the origin of the law, the obligations on employers, benefits to employees, and options for self-insurers as well as interactions with workers’ compensation and other disability programs. The webinar will give you a better understanding of the new law and a chance to ask any questions before the state begins to collect premiums in 2019. This live webinar takes place on October 6th from 9:00 am to 11:00 am. You can register here. If you have any questions… Continue reading

Oregon’s Distracted Driving Law Goes into Effect October 1

As of October 1, 2017 any use of mobile devices will be prohibited while driving in Oregon. Like the law in Washington, which went into effect this summer, the new Oregon law prohibits drivers from holding or touching their mobile devices or using any function of the phone while driving or sitting in traffic. Here’s what you need to know. Drivers are prohibited from holding their device or touching it for more than a single touch or swipe to activate, deactivate, or initiate a function on the device. The law applies to all mobile devices including cell phones, tablets, laptops, and GPS devices. The law does exempt use of an electronic device to contact emergency services as long as no… Continue reading

Sather Byerly and Holloway is Hiring!

lacee jonesSBH is growing and looking for a Washington-licensed attorney to join its Washington workers’ compensation litigation team. SBH seeks a full-time associate with 2 – 6 years workers’ compensation or civil litigation experience. Besides a strong academic and professional record, we are looking for someone with a keen business sense and entrepreneurial view of the practice of law. The associate will primarily assist in handling Washington workers’ compensation cases. Washington state bar membership is required. Interested candidates may email a cover letter, resume, writing sample, and references to the SBH office administrator Lacee Jones (ljones@sbhlegal.com). If you or your colleagues know an attorney you enjoy working with who would make a great member of the SBH… Continue reading

Oregon Workers’ Compensation Division announces new administrative rules in response to Brown v. SAIF

On March 30, 2017, the Oregon Supreme Court issued a much-awaited decision in Brown v. SAIF Corporation, 361 Or 241 (2017), ruling that the term “compensable injury” shall be interpreted to mean only the medical conditions accepted by the insurer or self-insured employer. Since then, however, there has been some uncertainty regarding how and when the Workers’ Compensation Division (WCD) would permanently incorporate the Brown ruling into the Oregon Administrative Rules (OAR), Chapter 436. On September 8, 2017, the WCD announced and posted its final amendments to the following Divisions: OAR 436-010, Medical Services; OAR 436-030, Claim Closure and Reconsideration; and OAR 436-035, Disability Rating Standards. The permanent rules are effective October 8, 2017. As expected, the predominant change in… Continue reading

LHWCA Caselaw Update

This quarter most decisions were unpublished and not especially noteworthy. Unpublished decisions cannot be cited as precedent are instructive. Huntington Ingalls fought and lost a series of battles against medical providers who sought payment for claim related services. It offered payment equal to the amount the providers agreed to accept in agreements with private insurers. The District Director recommended payment at the OWCP fee schedule rate, which was more than the private insurer rate but less than the amount billed. The Board held it could not consider the validity of the private insurer rates, but under the LHWCA it could order the employer to pay… Continue reading

Join SBH at the 2017 Oregon PRIMA Annual Conference

stephen verotskyJoin SBH attorneys Steve Verotsky and Krishna Balasubramani at the 2017 annual Oregon PRIMA Conference. The conference will be held at Salishan Lodge in Gleneden Beach September 27-29. Steve and Krishna will discuss recent workers’ compensation and employment law cases including the recent supreme court decision in Brown v. SAIF. Their presentation will focus on case law with practical advice for public entities. To register for the conference click here.

Oregon WCD implements new rejection policy for incomplete or incorrect 801 forms

In a June 27, 2017 Industry Notice, the Oregon WCD announced it will reject incomplete or incorrect insurer/employer created 801 and 1502 forms. Insurers and self-insured employers are required to process and file claims and reports with the WCD in compliance with ORS 656 and OAR chapter 436. OAR 436-060-0011 requires insurers/self-insured employers file a 1502 form within 14 days of (1) the initial decision to accept or deny the claim; (2) the date of any reopening of the claim; (3) the date of change in the acceptance or classification of the claim; (4) the date of a litigation order or the insurer’s decision that changes the acceptance or classification of the claim or causes the claim to be… Continue reading

Oregon Passes Fair Work Week Legislation

Oregon made national news yesterday as the first state to pass legislation requiring employers to provide greater schedule predictability to low-wage employees in the retail, food service, and hospitality industries. The bill applies to employers with at least 500 employees worldwide. The bill (SB 828) attempts to address issues that arise with irregular and unpredictable scheduling. One in six Oregonians receive less than 24-hour notice of their job shifts. Employers will now be required to post work schedules 7 days in advance that include all work shifts and on-call shifts for the work period. If the employer wants to change the schedule after the advance posting, the employee may decline any work shifts not included in the written… Continue reading

Minimum Wage Increases July 1, 2017

Oregon’s second rate increase under 2016 legislation goes into effect on July 1, 2017. The minimum wage for your company turns on your location. The standard rate will increase to $10.25/hour and applies to most of the state. But nonurban counties have a lower rate increase to $10.00/hour. The nonurban counties include: Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa and Wheeler counties. And employers located in the Portland Metro area will have a higher rate increase to $11.25/hour. Unsure if your location falls inside the Portland Metro area for purposes of minimum wage? Visit this website and confirm: http://www.oregonmetro.gov/library/urban-growth-boundary/lookup If you have questions about wage and hour law, please give… Continue reading

LHWCA Caselaw Update

Below are recent decisions under the LHWCA. Decisions are published in Lexis and posted on the BRB website through 5/30/17. For those among us who deal with Charles Robinowitz, Judge Clark and Judge Gee awarded fees for 2015/2016 services in the range of $350 to $360 rather than $450 to $466, the amount awarded by the Benefits Review Board and 9th Circuit for appellate services in other claims. Judge Clark and Judge Gee based their awards on civil litigation and general categories in the 2012 Oregon State Bar Economic Survey and classified Mr. Robinowitz as a 75th percentile attorney rather than a 95th percentile attorney. In two unpublished decisions the Board affirmed Judge Clark. An appeal from Judge… Continue reading