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Future compensation is not fair computation in Washington

By Charles Pearson - on: Apr 24, 2017
It is ok to plan for the future—rest assured that next year’s raise will not be included in today’s wage computation. As strange as it sounds, a similar issue was recently litigated up to the Court of Appeals of Washington. In Miller v. Shope Concrete Products Company,[1] the Washington Court of Appeals reversed a Washington […]

Inclement weather and commutes: A recipe for what in Oregon?

By Brian Solodky and Courtney Kreutz - on: Apr 14, 2017
Most commutes are excluded from workers’ compensation coverage under the “coming and going” rule. The basic principal is injuries sustained while a worker is travelling to and/or from work are not compensable. As you probably know, there are many well-established exceptions to the “coming and going” rule. This article focuses on a lingering grey area […]

Fifty shades of Brown (part 2): Temporary rule changes

By Michael Jones - on: Apr 12, 2017
On April 10, 2017, the Oregon Workers’ Compensation Division (WCD) issued WCD Admin. Order 17-052, adopting temporary changes to OAR 436 divisions -10, -30, and -35, bringing WCD’s claim closure rules into conformance with Brown v. SAIF, 361 Or 241 (2017). (Click here to read the Supreme Court decision.) These temporary rules reverse the Appellate […]

When pot IS the workplace: new compensability ruling in Oregon

By Nathan Goin and Amy Osenar - on: Apr 07, 2017
Since the November election, one in five Americans live in a state where recreational marijuana is now legal. The potential for impaired workers is high (pun intended), but potentially higher for marijuana dispensary employees. In February 2017, the Oregon Workers’ Compensation Board affirmed an Administrative Law Judge’s ruling of compensability for injuries sustained by a […]

Fifty shades of Brown: the saga of Brown v. SAIF in Oregon

By Courtney Kreutz and Kelly Niemeyer - on: Mar 31, 2017
In a sweeping decision three years in the making, the Supreme Court of Oregon has spoken; for employers and insurers the words are music to their ears: reversal! Brown v. SAIF involved an injured worker who suffered a low back injury in the context of pre-existing degenerative arthritis. The claim initially was accepted by SAIF […]

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