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The Oregon Court of Appeals updates analysis of diagnostic services compensability in recent Garcia-Solis decision

By Reinisch Wilson Weier PC - on: Nov 20, 2017
The Oregon Court of Appeals recently issued a new decision on September 27, 2017, that provides additional insight into whether diagnostic services are compensable if unrelated to the accepted conditions. In Garcia-Solis v. Farmers Insurance Company[1], claimant was compensably injured when she was struck in the head by a tent pole due to windy weather. […]

The Washington Supreme Court provides new guidance for third-party claims

By Anna McFaul - on: Oct 05, 2017
The Supreme Court of Washington issued a new decision September 7, 2017, outlining the Department of Labor and Industries’ ability to pursue a third-party claim as well as what damages the Department may recover with such a claim. In Carrera v. Olmstead[1], the 19-year-old claimant’s right hand was severed in a workplace conveyor machine from […]

Careful hearing methods key to Oregon Appeals Court ruling in Greenblatt

By Jerry Keene, Guest Writer - on: Sep 19, 2017
The Oregon Court of Appeals issued-decision August 30, 2017, in the case of Greenblatt vs. Symantec Corporation,[1] affirmed the Board’s Order on Review that claimant waived or failed to preserve several key arguments that, if considered, might easily have persuaded the court to rule the other way. The court also determined that the way the case […]

Medical physicians know little of distinctive conditions — says Washington Supreme Court

By Charles Pearson - on: Aug 15, 2017
In Street v. Weyerhaeuser Company,[1] decided on August 10, 2017, the Washington Supreme Court held that expert medical testimony is not required in occupational disease claims to prove that the conditions of an injured worker’s employment are distinctive. A medical expert’s testimony need only demonstrate proximate causation. By way of background: under the Industrial Insurance […]

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