Securing Claim Closure in Washington
So you want to close a claim or secure settlement of a claim but the worker isn’t old enough for a claim resolution settlement agreement…
Reassessing an injured worker’s status for permanent total disability following a reopening application in Washington workers’ compensation
An injured worker is permanently and totally disabled within the meaning of the Industrial Insurance Act when, as a result of the industrial injury, he/she…
Processing a stress claim in Oregon and taking a recorded statement? Here are some recommendations.
As an occupational disease, to establish compensability of a mental disorder/stress claim, the Oregon worker must prove that his/her employment conditions are the major contributing…
Proximate Cause – The Often Overlooked Requirement for Claim Reopening in Washington
In order to reopen a workers’ compensation claim in Washington, a worker must establish that an accepted condition has objectively worsened since the date the…
What does the word “injury” mean in Oregon workers’ compensation law?
The definitions section of ORS 656 defines a “compensable injury” as an accident injury arising out of and in the course of employment requiring medical…
Washington Court of Appeals Issues New Decision Which Defines Reasonable Accommodations of Religious Beliefs – and Raises New Questions For Employers
The Washington Court of Appeals, Division 3, issued a decision on September 20, 2022 defining for the first time what is a “reasonable accommodation” of…
Chronic Condition Award Does Not Automatically Result in Work Disability in Oregon
The Oregon Workers’ Compensation Board recently issued a helpful decision when it comes to determining permanent work restrictions and dealing with the reconsideration proceeding. Richard…
Monkeypox is on the rise in the State of Washington. What does that mean for occupational disease claims?
Is this the beginning of another global health crisis? In the wake of the COVID-19 pandemic, the world is facing yet another global health crisis:…
Equivalent Plan Applications Are Now Available For Oregon’s Paid Family and Medical Leave Insurance Program
Employer and employee contributions into the Oregon Paid Family & Medical Leave Insurance program are set to begin on January 1, 2023 and employees can…
One strike, and you’re out. The two-prongs of the “work-connection” test in Oregon.
There is a fine line employers must consider regarding injuries sustained by employees who are not on property or areas under the employer’s control, and…
When can time loss payments cease in Oregon?
Time-loss payments, penalties, and ambiguous medical opinions are hallmarks of the workers’ compensation system. The Oregon Workers’ Compensation Board recently released an opinion implicating all…
Claimant Died: Now What?
It is commonly said that there are only two constants in life: death and taxes. While Washington workers’ compensation benefits are generally tax free, death…
Oregon Annual Adjustment to Maximum Attorney Fees Effective July 1, 2022
It’s that time of year again, the Oregon Workers’ Compensation Board published the annual adjustment to attorney fees awarded under ORS 656.262(11)(a); ORS 656.262(14)(a); and…
Oregon Workers’ Compensation Board Signals That Providing Duplicative Discovery May Result in Penalties/Attorney Fees
In Serge Alexandre, 74 Van Natta 410 (June 1, 2022), SAIF requested review of an order that awarded a penalty and penalty-related attorney fee for…
Limitations on compensability for treating conditions impeding recovery in Washington
Under the compensable consequences doctrine, the consequences for a compensable industrial injury are considered to be part and parcel of the injury itself. The Board…
Oregon OSHA Adopts Permanent Rules to Protect Workers From Extreme Heat and Wildfire Smoke
Effective June 15, 2022 and July 1, 2022 Oregon OSHA’s new rules addressing the prevention of heat related illness and wildfire smoke exposure, respectively. Oregon…
Rising Gas Prices Warrant Increase in Mile Reimbursement Rate in Oregon
The Oregon Workers Compensation Division issued a Revised Bulletin No. 112 and an updated Form 3921 (Request for Reimbursement of Expenses), to address increasing gas…
Who is the attending provider? New Oregon Court of Appeals case provides some insight.
In Oregon, when a worker is treating with multiple providers it can be difficult to identify the attending provider is for purposes of claim closure….
Washington Silenced No More Act
Washington state passed sweeping new legislation relating to non-disclosure and non-disparagement clauses in employment related agreements. In 2018, Washington implemented legislation in response to the…
Washington’s Department of Labor & Industries Issues Q&A for New IME Rules and Guidelines
The Department of Labor & Industries’ new rules and guidelines for independent medical examinations (IME) went into effect on April 23, 2022. These rules and…
Board of Industrial Insurance Appeals Makes In Re Kathleen Houlihan a Significant Decision
On April 29, 2022, the Washington Board of Industrial Insurance Appeals published its new “Significant Decisions” from 2021. The Board issues hundreds of Decisions &…
Oregon WCD Issues Proposed Draft Rules for Dancingbear
Last October, SBH attorney Anna McFaul wrote a blog covering the Dancingbear v. SAIF decision issued by the Oregon Court of Appeals. As you likely…
Oregon WCB Issues Troubling Decision Regarding New/Omitted Claim Processing Obligations
The Oregon Workers’ Compensation Board recently issued a troubling decision in Luis F. Nava, 74 Van Natta 372 (2022), which impacts how it finds employers/insurers/administrators…
Ninth Circuit Agrees Temporary Impairments Can Be Disabilities Under ADA
A recent decision by the Ninth Circuit confirms that temporary medical conditions can qualify as disabilities under the Americans with Disabilities Act (ADA). The outcome…
Questions about Oregon’s Paid Family and Medical Leave Insurance (PFMLI) program?
The Oregon Employment Department will administer this new leave program and is starting the process of outlining rules. Employers will begin collecting/paying contributions on January…
