OSHA Reveals Standard to Implement Vaccine Mandate
On November 4, 2021, the Department of Labor’s Occupational Safety and Health Administration (OSHA) released its Emergency Temporary Standard (ETS) which implements President Biden’s vaccine-or-test…
Long COVID and Its Workers’ Compensation Implications in Washington
While COVID-19 still dominates all aspects of the workforce and complicates decisions on when to request that workers come back to in-person working, a new…
In re: Katherine Bard: A Tentatively Significant Board Decision
Every year, Washington’s Board of Industrial Insurance Appeals determines whether any of the decisions or orders issued that year should be designated as a “significant…
Oregon Vaccine Mandate for Health Care Workers and Educators in Effect on October 18
Governor Brown’s vaccine mandate for Oregon health care workers and educators went into effect earlier this week. On August 19, 2021 Governor Brown implemented a…
Potential Changes to Oregon Time Loss Rules Coming?
The Workers’ Compensation Section of the Oregon Trial Lawyers Association (OTLA) is currently in the process of drafting a bill with proposed changes to ORS…
Oregon Court of Appeals Allows Assessed Fee When Order on Reconsideration Awards Additional Temporary Disability
In the recent Dancingbear case, the Court of Appeals awarded an assessed attorney fee when additional temporary disability benefits were obtained through the reconsideration process….
Status of In-Person Hearings in Oregon
As we wrap up the 18th month of the COVID-19 pandemic, what does the future hold for Oregon workers’ compensation in-person hearings? The Board remains…
Department of Labor & Industries Updates Medical Treatment Guidelines for Lumbar Spine Surgery
On September 21, 2021, the Washington Department of Labor & Industries published new treatment guidelines for lumbar spine surgery. For those unfamiliar, the Medical Treatment…
Oregon Court of Appeals issues favorable decision for employers regarding combined condition processing
Under ORS 656.005(7)(a)(B), “if an otherwise compensable injury combines at any time with a preexisting condition to cause or prolong disability or a need for…
Oregon OSHA Issues Temporary Rules Regarding Protection from Wildfire Smoke
Effective August 9, 2021 and running for a period of 180 days, certain Oregon employers must comply with temporary rules imposed by the Oregon Occupational…
Washington Implements Masking and Vaccine Mandates
With increases in COVID-19 caused by the delta variant, the state of Washington and the Department of Labor and Industry have provided updated guidance and…
Is Your Organization Considering Mandating the COVID Vaccine for Employees? What You Need to Know.
Earlier this month, The Department of Veterans Affairs announced it will soon mandate that all health care providers and personnel be fully vaccinated against COVID-19….
Board’s 2020 Significant Decisions Include Two of Interest to First Responder Employers
The Washington Board of Industrial Insurance Appeals recently published its list of Significant Decisions for 2020. Per WAC 263-12-194, these are decisions which the Board…
Oregon In-Person Workers’ Compensation Hearings Appear to Remain on Hold
It was only a few weeks ago vaccination rates were increasing, businesses were reopening to the public, and people were starting to return to their…
Oregon Health Authority Issues Temporary Rule Requiring Masks Be Worn Indoors Statewide
In response to the significant increase in COVID-19 cases in Oregon, Governor Kate Brown and the Oregon Health Authority (OHA) announced that indoor mask use…
Potential New Rules Regarding IMEs in Washington
Effective January 1, 2021, legislative revisions to RCW 51.36.070 narrowed the circumstances under which self-insured employers may require a claimant to attend an independent medical…
Washington Enacts Emergency Wildfire Smoke Rule
As Northwest summers get hotter and drier, state agencies have been forced to adapt to changing circumstances. Following the heatwave in June, both Oregon and…
BOLI Enacts Temporary Rules Implementing Senate Bill 483
Senate Bill 483 was signed into law by Governor Brown on June 15, 2021. Yesterday, the Bureau of Labor and Industries filed Temporary Rules with…
Oregon OSHA Adopts Temporary Rules Protecting Workers From Extreme Heat
Effective July 8, 2021, Oregon OSHA adopted temporary rules addressing the prevention of heat related illness. The rules follow an unprecedented heatwave throughout the State…
Effective July 1, 2021 – Oregon Annual Adjustment to Maximum Attorney Fee and Hourly Rate for Statement Fee
The maximum attorney fees awarded under ORS 656.262(11)(a), ORS 656.262(14)(a), and ORS 656.382(2)(d), are tied to the increase in the state’s average weekly wage (SAWW)…
Oregon OSHA Issues Temporary Rules Repealing Mask and Distancing Requirements
On June 25, 2021, Governor Brown issued an Executive Order stating Oregon would lift its mask mandates, capacity limits, and social distancing guidelines effective June…
On remand from the Supreme Court, Oregon’s Workers’ Compensation Board issues decision addressing whether a referral for a noncompensable condition must be covered under a claim
Courts have made clear that pursuant to ORS 656.245(1), employers are required to pay for “medical services for conditions caused in material part by the…
Is an injury in a parking lot compensable in Oregon?
A work injury is compensable if the injury is “arising out of” and “in the course of” employment. ORS 656.005(7)(a). The “going and coming rule”…
Washington Employers Receive Guidance on WPFML from the State
Employers have been attempting to implement the Washington Paid Family and Medical Leave Act (WPFMLA) with little guidance from the Employment Security Department. In the…
Oregon Passes CROWN Act
Oregon joins a number of states in prohibiting discrimination based on hairstyles associated with a person’s race. Governor Brown signed HB2935 on June 11, 2021….
