FFCRA Leave not Extended under New Stimulus Bill
Earlier this year, Congress passed the Families First Coronavirus Response Act (FFCRA) which required covered employers to provide eligible employees with paid leave for specific…
New Year, New Restrictions On IMEs in Washington
New Year, New Restrictions On IMEs in Washington With the new year, comes new restrictions on independent medical examinations in Washington. On January 1, legislative…
EEOC Provides Guidance on Employer Mandated COVID-19 Vaccination
On December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) provided updated guidance on the subject of vaccines in the wake of the Food…
Oregon MLAC Holds Final Meeting for 2020
The Management Labor Advisory Committee (MLAC) held what is most likely its final meeting of 2020. Much of the meeting was recapping the significant changes…
COVID 19 Travel Restrictions – Impact on Independent Medical Examinations in Washington
On November 13, 2020 Washington state governor Jay Inslee issued a travel advisory recommending that people arriving in Washington from other states or countries, including…
Shift in Oregon Claim Closure Analysis?
As of recently, the Oregon Supreme Court, Court of Appeals, and Workers’ Compensation Board have issued significant decisions relating to closure of Oregon workers’ compensation…
What Came First: The Acceptance or the Authorization? An exploration of Clark County v. Maphet
In 2019, the Washington Court of Appeals issued Clark County v. Maphet, 451 P.3d 713 (2019). The case held that a self-insured employer authorizing treatment…
Employee Handbook: The Gift that Keeps on Giving
As the holiday season rounds the corner of this eventful year, our thoughts turn to gifts and gift-giving. From a business perspective, I happen to…
Oregon Court of Appeals Expands on Supreme Court’s Holding in Caren in Robinette v. SAIF
Last year, in Caren v. Providence Health System Oregon the Oregon Supreme Court held that without a preclosure combined condition denial employers must pay the…
OR OSHA still has not passed final rules relating to COVID-19
In June 2020 Oregon OSHA announced it would implement temporary workplace rules to address the COVID-19 hazard. Oregon OSHA expected it would have the final…
Court of Appeals reconsiders Meyers v. SAIF in light of the Supreme Court’s opinion in Gadalean
Meyers v. SAIF has been a long time coming– the case has been on appeal since 2013, traveling all the way up to the Oregon…
Washington employers, remember to review exempt salaries for 2021
In late 2019, the Washington Department of Labor & Industries (L&I) outlined new rules for exempt employees, including base salaries. The salary threshold for exempt…
Oregon WCD Issues Revised Temporary Rule on Claims for COVID-19 or Exposure to COVID-19
The Workers’ Compensation Division has issued OAR 436-060-0141, a temporary rule addressing claims for COVID-19 and claims for exposure to COVID-19. The rule will remain…
Washington Court of Appeals opinion serves as a strong reminder to double check filing requirements for appealing BIIA orders
On September 8, 2020, the Washington Court of Appeals published a decision that serves as a reminder of the importance of double checking state and…
As the COVID pandemic continues, where does the Oregon Workers’ Compensation Division stand on telemedicine?
In March 2020, the Division set out temporary rules to address fees related to telemedicine appointments following Governor Brown’s “Stay at Home Order.” The temporary…
Department of Labor & Industries Requiring New and Updated Forms on October 1, 2020
The Department of Labor & Industries has created new forms and templates for use by self-insured employers, third-party administrators, and Physical and Occupational Therapists. The…
Oregon Workers’ Compensation Board now administering hearings and mediations via “Zoom” platform
Since April, under Governor Brown’s “Stay home, Save lives” Executive Orders, the Workers’ Compensation Board (WCB) hearings divisions have not administered any in-person hearings or…
Proposed Unemployment Rule May Impact Oregon Employers-Feedback Due by October 21
On September 3, 2020, the Employment Department issued a Notice of Proposed Rulemaking of Oregon Administrative Rule (OAR) 471-030-0071. The proposed rule (found here) gives…
Ninth Circuit Court of Appeals Upholds Hanford Presumption Law
On August 19, 2020, the Ninth Circuit issued an opinion finding Washington was not in violation of federal law when it implemented HB 1723, also…
Washington Self-Insured Employers Face Increased Penalty Amounts Starting September 1
Self-insured employers in Washington should be aware that penalty amounts increase on September 1, 2020, as a result of HB 2409, passed earlier this year….
New Rules in Oregon Affecting Assessed Attorney Fees in Workers’ Compensation Cases
The Oregon Workers’ Compensation Board (“WCB”) met on August 18, 2020 to finalize two new rule proposals affecting attorney fees for claimant’s counsel. First, the…
Oregon Court of Appeals Clarifies Occupational Disease Standard
In a recent decision, the Court of Appeals clarified a worker’s burden of proof in an occupational disease claim. Johnston v. Gordon Trucking – Heartland…
Wage Calculation of H-2A Visa Workers in Washington
The United States H-2A visa program allows employers to bring foreign nationals into the country to fill temporary agricultural positions. Due to labor shortages, it…
Oregon Workers’ Compensation Mental Health Presumption of Compensability
Presumption—it’s a scary word in the world of Oregon workers’ compensation. Last year Oregon passed Senate Bill 507—now codified at ORS 656.802(7)—creating a presumption of…
Getting Back to Work in a COVID World
As we all begin to return to work following the loosening of restrictions, it is important to take stock and prepare for the future. By…