ARU and MRT Electronic Uploads – Oregon WCD Expands Use of its Portal
Unlike the portal utilized by the Oregon Workers’ Compensation Board, the Workers’ Compensation Division’s portal had very limited use – it allowed insurers and self-insured employers to upload their annual audit and report of loss information. In recognition that these times are a-changin,’ the WCD has now expanded the use…
When to request a segregation order on a newly contended condition in Washington
The Department of Labor and Industries recently addressed when it believes a request for a segregation order is appropriate on newly contended conditions. A condition is “contended” if it is diagnosed and coverage is being sought due to a causal relationship. If the worker or provider is contending that a…
Proposed Oregon bill to disallow no-rehire provisions in workers’ compensation settlements
AFL-CIO (a conglomerate of union groups) has proposed legislation to prohibit no re-hire/reemployment/reinstatement clauses in workers’ compensation settlements. Specifically, the proposed legislation would only allow a carrier/employer to enter into a no-rehire agreement if the injured worker (or worker who has filed a workers’ compensation claim) specifically requests the provision….
Federal Trade Commission Proposes Broad Ban to Non-Compete Agreements
On January 5, 2023, the Federal Trade Commission (FTC) released a Notice of Proposed Rulemaking (NPRM) that seeks to ban employers from imposing or enforcing non-compete clauses on workers. The proposed rule prohibits an employer from: (1) entering into or attempting to enter into a non-compete agreement with a worker; (2) maintaining…
What information should be considered when assessing compensability of an Oregon stress claim?
When confronted with a stress claim, it is important to assess all relevant aspects of employment factors, excluded factors, and nonwork related factors in determining compensability. To prove compensability of a stress claim, the worker must show their employment conditions are the major contributing cause of the disorder and must…
Washington State Requiring Salary Transparency on Job Postings Effective January 1, 2023
On January 1, 2023, RCW 49.58.110 goes into effect. This law addresses salary transparency in job postings for certain Washington State employers. In November 2022, the Washington State Department of Labor & Industries (“L&I”) issued an administrative policy addressing the new job posting requirements under RCW 49.58.110 and providing guidance…
Permanent Rule Changes Coming to Oregon Workers’ Compensation!
There are new and significant rule changes to Oregon Workers Compensation. These will affect the way workers’ compensation benefits are paid and calculated. Additionally, notable and significant revisions from HB 4138 (regarding overpayments) will not be in effect until January 1, 2024. Apportionment of PPD in light of Johnson v….
Is that a protest?
The Washington Industrial Insurance Act allows parties aggrieved by Department orders to request in writing reconsideration, known as a protest, of the order within 60-days of it being communicated to the aggrieved party. RCW 51.52.050. However, it is not always easy to determine whether a claimant intended their letter to…
Oregon Paid Family Leave Starts in 2023
The Oregon Paid Family & Medical Leave (OR PFML) program was enacted in August 2019, and beginning January 1, 2023, Oregon employers and employees will begin paying into the program. While much of the OR PFML requirements mirror parts of the Federal Family Medical Leave Act and Washington’s PFML, there…
Washington L&I Proposed Changes to Presumptive Coverage of PTSD as an Occupational Disease – Feedback Due by January 13
On November 22, 2022, the Department of Labor & Industries filed a Notice of Proposed Rulemaking seeking to amend WAC 296-14-300 to clarify coverage of posttraumatic stress disorder (PTSD) under workers’ compensation law in Washington state. WAC 296-14-300 currently excludes mental health conditions caused by stress and repeated exposure to…
Complexities with CRPS as a new/omitted condition, and positioning to win the battle in Oregon Workers’ Compensation
The cause of complex regional pain syndrome (CRPS) is not well understood. It is a form of chronic pain, usually affecting an arm or leg, and typically develops after an injury, surgery, stroke, or heart attack. A diagnosis of CRPS should include disproportionate pain symptoms compared the severity of the…
New Assessed Attorney Fee Rules For Reconsideration Proceedings in Oregon
In September 2021 the Oregon Court of Appeals issued its decision in Dancingbear v. SAIF and determined a worker’s attorney can be awarded an assessed fee under ORS 656.383(1) when that attorney obtains additional temporary disability compensation during a reconsideration proceeding. The Workers’ Compensation Division (WCD) began drafting rules to…
Washington’s Board of Industrial Insurance Appeals Limits Workers’ Ability to Add Occupational Disease Conditions to Industrial Injury Claims in Tentatively Significant Decision
In some Washington workers’ compensation cases, a significant hurdle can be determining whether a condition in a worker’s claim resulted from an industrial injury or an occupational disease. While this distinction may not have a large impact on the administration and outcome of every claim, it can cause a significant…
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 (CRSA)…what do you do? SBH might have the answer for you! There’s a new department coversheet for stipulated claim closures available on the Department’s website…
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 is unable to perform any gainful employment on a reasonable consistent basis existing in the labor market within the worker’s qualifications. After an injured worker…
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 cause (greater than 50%) of the alleged disorder. ORS 656.802(2)(a). Further, the worker must also establish that there is a diagnosis of a mental or…
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 claim was last closed or ordered to remain closed (either by an affirming order or a reopening denial order). However, the worsening must also be…
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 services or resulting in disability or death. This seems simple enough, and a reasonable person might conclude the word “injury” will mean the incident throughout…
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 an employee’s religious practices under state law. In the recently published decision of Suarez v. State, the Court of Appeals adopted the federal definition that…
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 McConnell, 74 Van Natta 536 (2022). The attending physician provided a report confirming claimant was released to regular duty regarding the accepted condition (CTS), but…
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: monkeypox. On August 4, 2022, the White House declared monkeypox a public health emergency. Since that time, the United States has seen a new wave…
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 start applying for benefits beginning September 3, 2023. Alternatively, employers can provide their own paid family and medical leave program if it is equivalent or…
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 it can be difficult to determine the moment an employer is responsible for processing such injuries. Employers who provide clients with in-home care, undertaken by…
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 three when it ruled an employer was subject to penalty for unreasonably failure to pay time-loss based on interpretation of the attending physician’s chart note….
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 does not always wait for claims to close. Therefore, when a claimant dies their claim remains open and additional work must be done in order…
