Reinisch Wilson Weier PC Workers' Compensation Defense and Employment Law

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Oregon claim processing implications for COVID-19

By Allyson Swecker - on: Mar 19, 2020
As our Oregon workers’ compensation industry navigates the impact of the novel coronavirus (“COVID-19”), Reinisch Wilson Weier PC is providing the following starting points to help you review and process COVID-19-related workers’ compensation claims. [NOTE: “COVID-19” is short for coronavirus disease. The actual name of the virus is “severe acute respiratory syndrome coronavirus 2 or…

Is your Washington worker truly an “Independent Contractor”?

By Jennifer Truong - on: Jan 24, 2020
Employers are often caught off-guard when a Washington Department of Labor and Industries’ workers’ compensation audit results in a daunting Order of Assessment demanding back payment of industrial insurance premiums, penalties and accruing interest due to the misclassification of covered workers. Simply labeling a contractor as “independent” does not take away the workers’ compensation protections…

Material Cause Standard Applied to Medical Services in Oregon Combined Condition Claim

By Karen Varney - on: Nov 18, 2019
On remand from the Oregon Court of Appeals, the Oregon Workers’ Compensation Board recently found that although a combined condition had been accepted and a current combined condition denial issued, the material cause standard applied for determining compensability of a diagnostic MRI. In Daniel B. Slater,[1] the worker’s claim was accepted for a medial collateral…

Are Washington employers liable after authorization of treatment in the wake of Maphet v. Clark County?

By Gina Ko - on: Sep 04, 2019
To authorize or not to authorize? Authorization of treatment is a tricky issue for Washington self-insured employers trying to strike a balance between restoring an injured worker’s function and running afoul of Washington’s compensable consequences doctrine, which can hold an employer or insurer responsible for issues stemming from treatments provided under a claim. The Washington…

Oregon employers, insurers must now accept/deny a combined condition to apportion impairment

By Trisha Hole - on: Aug 09, 2019
In a very disappointing decision for employers and insurers issued on August 8, 2019, the Oregon Supreme Court held that the presence of a legally cognizable preexisting condition is no longer sufficient to apportion permanent impairment in the absence of combined condition processing. In Caren v. Providence Health System Oregon, [1] the injured worker sustained a…

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