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Diagnostic services re-visited: Oregon Court of Appeals backtracks on diagnostic services standards in light of Brown v. SAIF reversal

By Ned Arenberg - on: May 09, 2018
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 […]

Opinion and Order: Oregon mock hearing

By Bin Chen - on: May 02, 2018
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 […]

Get that overpayment back! Collection processes available to a Washington self-insured employer

By Kendra Rychlick - on: Apr 20, 2018
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 […]

When is fear of retaliation good cause for not timely reporting an injury in Oregon?

By Karen Varney and Amy Osenar - on: Apr 19, 2018
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 […]

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