The Workers’ Compensation Division issued an Addendum to Bulletin No. 377 on December 8, 2017. The Division issued the addendum to address House Bill 2338, which changed the computation of fatal benefits to children of deceased workers or “surviving children.” The addendum does not change the monthly benefit amounts for: Surviving children receiving benefits at 25 percent of the base or average weekly wage (whichever applies) before January 1, 2018; or Surviving children or dependents with no surviving parents who are completing secondary education, a GED, or a program of higher education. The addendum does change all monthly benefits being paid at the 10 percent level before January 1, 2018. Those benefits must be increased to 25 percent for benefits… Continue reading
There were several attorney fee decisions. All were unpublished and therefore only instructive rather than precedent. In Abassi v. Misson Essential Personnel and Yunis v. Academi, LLC, ALJ’s had based an award in part on fee awards from the district court. The Board directed the ALJ’s to explain how the district court decisions were selected, the market analysis provided in each, and how district court awards were for services by lawyers of comparable skill, experience, and reputation. In Anderson v. Hawaii Stevedores, Inc., the Board affirmed denial of costs when claimant’s attorneys failed to provide documentation verifying the amount, relevance, and necessity of costs. In Hardman v. Marine Terminals Corporation the claimant’s attorney performed services in… Continue reading
SBH is hosting its annual Oregon Claims Professional Workshop on November 3, 2017 at the Holiday Inn in Wilsonville. Topics covered include an appellate update, independent medical exams and post traumatic stress disorder, non-subject workers, and vocational rehabilitation. You do not want to miss this years magical event! To register and for more information click here.
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
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
SBH 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 (firstname.lastname@example.org). 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
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 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.
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