In a September 17, 2017 decision, the Washington Board of Industrial Insurance Appeals addressed the appropriate wage rate for a worker who sustains a second injury while working light duty under an open claim.[1] In this workers’ compensation claim, the worker was employed for some time as a truck driver and filed a 2014 occupational […]

The Oregon Court of Appeals revisited the standard for compensability of diagnostic services in accepted workers’ compensation claims in the recent case of SAIF v. Carlos-Macias.[1]  The court of appeals originally decided the case in 2014, at the same time as Brown v. SAIF (Brown I).[2] The court held that the compensability of claimant’s diagnostic […]

In the Matter of Compensation of Allison Cameron, Claimant (from the mock hearing at the Oregon Claims School, March 20, 2018.) Click here to download a pdf of this opinion. Opinion and Order Pursuant to notice, a hearing was held March 20, 2018 in Portland, Oregon, before Administrative Law Judge Bin Chen.  Claimant was present […]

Overpayments in Washington workers’ compensation claims can arise in several ways, including situations in which provisionally paid time loss benefits were paid on a claim that was ultimately denied, benefits were paid pursuant to an adjudication which was later overturned, or the benefits were induced by willful misrepresentation.[1] Employers should review these options and laws […]

A recent Oregon Court of Appeals’ decision emphasizes the importance of carefully examining whether a claim should be denied on the basis of untimely filing. It is an unpleasant surprise when an employee reports a work injury long after the alleged incident took place. Such a delay significantly thwarts the employer’s ability to corroborate and […]