New Process Safety Management for Refineries in Washington Coming in 2024
The Department of Labor and Industries has updated workplace safety rules targeted at preventing catastrophic events at petroleum refineries as defined in WAC Chapter 296-67 (Part B.) The potential for release of highly hazardous chemicals exists any time toxic, reactive, or flammable liquids and gases are not properly controlled. The…
Ensuring Temporary Disability Benefits Issue Timely in Oregon
Whether an insurer timely paid temporary disability benefits in Oregon is one of the most heavily litigated issues in workers’ compensation. Late-payments create exposure for a penalty up to 25 percent of the late-paid amount, as well as an assessed attorney fee. Ensuring temporary disability benefits issue timely can save…
Substitute House Bill Passed to Address Surgical Smoke Hazards in Washington
Governor Jay Inslee signed into law Substitute House Bill (SHB) 1779 to address surgical smoke hazards in hospitals and ambulatory surgical centers in hopes to establish workplace safety and health requirements pertaining to procedures producing hazardous smoke. RCW 49.17.500 and RCW 49.17.505 took effect on January 1, 2024. As such,…
Flare-Ups, Aggravation, and Combined Conditions: When is Arthritis Compensable in Oregon workers’ compensation?
If a worker with longstanding cervical arthritis injures her neck while lifting a box at work, can the arthritis itself be a compensable condition under her workers’ compensation claim? In Oregon workers’ compensation law, arthritis is specifically listed as a pre-existing condition. Pre-existing conditions can be compensable only under certain…
Pregnant Workers Fairness Act- What to Know
What is it? The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023. The PWFA is a federal law that expands existing workplace protections for pregnant employees. The PWFA requires covered employers to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related…
Oregon Administrative Claim Closure Requires Strict Compliance with the Rule
Administrative closure can be a useful tool for processing an Oregon Workers’ Compensation claim to closure where a worker is inconsistent or non-compliant with treatment requirements. In some circumstances, the law requires the use of administrative claim closure, and failure to close the claim accordingly can create a penalty issue…
When can a Washington self-insured employer issue a closing order?
Generally, when a Washington workers’ compensation claim is ready for closure, a self-insured employer will submit a request for claim closure to the Department and await issuance of a closing order. However, self-insured employers have the authority to close certain claims through a Self-Insured Employer’s Closure Order and Notice pursuant…
Beware of Fees on Fees in Oregon Workers’ Compensation Cases
In the case of Taylor v. SAIF, 329 Or App 135 (2023) (Taylor II), the Court of Appeals overturned the decision of the Workers’ Compensation Board, which had initially ruled that the claimant’s attorney should not receive a reasonable fee for time spent exclusively contesting the Board’s attorney fee award….
Have you or someone you know been negatively affected by the new Washington IME rules? Get help here!
The new Washington Independent Medical Exam (IME) recording and co-recording rules have made obtaining an IME even more difficult than when they were limited by WAC 296-23-309 last year. Here are some alternative options if you can’t get an IME under WAC 296-23-309 or if you can’t find a medical…
Can a denial in Oregon based on an independent record review trigger entitlement to WRME?
Recently, the Oregon Workers’ Compensation Board confirmed that entitlement to a worker requested medical examination (WRME) is only triggered when the employer’s denial is based on an in-person IME with which an attending physician has not concurred. Michelle L. Knowlden, 75 Van Natta 505 (2023). In Knowlden, the claimant was…
Reminder – Oregon Legislative Changes Starting January 1, 2024
As we approach the end of the year, it is important to remember that there are some big changes coming to Oregon workers’ compensation claim processing and employment issues. Here are some of the larger changes, which have been passed by the legislature, but do not take effect until January…
All Washington Self-Insured Employers Should Be Aware of (And Attend if Possible) the Department of Labor & Industries “Listening Sessions” Regarding the Newly Enacted “Bad Faith” Laws
The Washington legislature passed one of two pieces of legislation that creates new duties and standards for some self-insured employers. Substitute House Bill 1521 is scheduled to go into effect on July 1, 2024, and the new laws are set to apply to worker’s compensation claims regardless of date of…
The Oregon Legislature has been busy this year!
You have probably heard about House Bill 3471 which changed the way defense counsel and adjusters settle workers’ compensation claims, specifically with regard to employment releases. But the legislature has been working on other changes in the law that specifically affect workers’ compensation. House Bill 3412 is one of those…
Limitations for self-insured employers in Washington recouping overpayment benefits
During the administration of a workers’ compensation claim, it is common for the self-insured employer or the Department of Labor and Industries to pay the injured worker benefits and later realize it was in error. Sometimes this occurs from the unveiling of new facts, changed medical opinions, or subsequently identifying…
Oregonian Names SBH Legal A Winner Of The Oregon And Southwestern Washington Top Workplaces 2023 Award
SBH Legal has been awarded a Top Workplaces 2023 honor by The Oregonian. The list is based solely on employee feedback gathered through a third-party survey. The confidential survey uniquely measures 15 culture drivers that are critical to the success of any organization: including alignment, execution, and connection, just to name…
Investigations and Compensability Standards
Industrial Injury? Occupational Disease? Combined Condition? Under what theory of compensability should you investigate an initial claim for compensation? All of them! Under Oregon Administrative Rule 436-060-0140, the insurer is obligated to conduct a “reasonable” investigation upon receipt of a worker’s claim for compensation. This may include a recorded statement…
EEOC Provides Updated Guidance on ADA, Including Implications of New Technology
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued updated guidance for how the American with Disabilities Act (ADA) applies to job applicants and employees with visual disabilities. Earlier this year, the EEOC issued a similar document regarding how the ADA applies to job applicants and employees with hearing disabilities….
Washington L&I may add nurses to PTSD presumption
On September 7, 2023, the Department of Labor and Industries issues a notice of proposed rulemaking seeking adding a new section to WAC 296-14-300 adding direct care registered nurses to the posttraumatic stress disorder (PTSD) presumptive law. The Department has announced that it is soliciting comment and holding a public…
What evidence is necessary to support a ceases denial in Oregon?
ORS 656.262(6)(c) authorizes an administrator to deny an accepted combined condition if the compensable injury ceases to be the major contributing cause of the combined condition. In such situations, the administrator has the burden to show the compensable injury is no longer the major contributing cause of the workers’ disability…
Acute Stomach Pain and the Sheepherder–Oregon Court of Appeals issues decision on course and scope
The Oregon Court of Appeals issued a non-precedential memorandum opinion on an interesting case recently involving a worker who experienced an acute medical condition, a burst appendix, but in a remote geographical area. This decision addresses the fact, regardless of the category of risk, claimant must still establish a causal…
What Decision? Washington requirements on Communication and Mailing.
RCW 51.52.060 sets forth the Department’s rules regarding the timeline to appeal a decision. It explains that any party (with the exception of certain enumerated parties) aggrieved by an order, decision or award of the Department must file with the Board within sixty days from the day on which a…
New Law Restricting “No-Rehire Provisions” In Oregon Workers’ Compensation Settlement’s Takes Effect
On July 27, 2023 Oregon Governor Tina Kotek signed HB 3471 into law. The bill places restrictions on when a “no-rehire” provision can be included in a workers’ compensation settlement: HB 3471 restricts “no-rehire provision” HB 3471 prohibits employers from requiring a “no-rehire provision” as a part of workers’ compensation…
Washington Department of Labor & Industries Implement Changes to Red Card Appeals Processes and Discrimination Adjudication Processes in August
The Washington Department of Labor & Industries intends to implement the provisions of 2021’s Engrossed Substitute House Bill 1097 later this month. This bill made changes to the inspection and appeal process of Orders of Immediate Restraint (OIR), set up an adjudicatory process for discriminatory employer conduct, and provided additional…
Updated Heat Protections Rules in Washington Implemented Year-Round Focusing on Shade, Cool-Down Rest Periods and Monitoring of Workers.
On July 17, 2023, new changes went into effect under WAC 296-62-095 and WAC 296-307-097 expanding the existing requirements relating to outdoor heat exposure. These changes are targeted at prevention of heat-related illness and reduction of traumatic injuries for outdoor workers associated with heat exposure. The new rules are implemented…
Denying an Oregon Claim Based on an IME? Read This!
At this point, you can probably issue a claim denial in your sleep. You know the denial must state the factual and legal reasons for the denial (OAR 436-060-0140(8)(a)) and must contain, in prominent or bold-face type, notice regarding the worker’s rights to an appeal (OAR 438-005-0055). You also know…
