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Oregon “Claimbatants”: the victims of on-the-job assaults

By Anna McFaul - on: Apr 19, 2019
When an assault at work (by a customer or even a stranger) results in a compensable workers’ compensation claim, the employer or insurer may wonder: do I have any workers’ compensation lien recovery options in the event a victim restitution award is granted as a result of the criminal action? The governing applicable statutes in…

Expert testimony in the Oregon workers’ compensation system

By Brian Solodky - on: Feb 13, 2019
The Oregon Workers’ Compensation Board rules allow for expert testimony to be admitted via written reports. The parties to a dispute typically present narrative reports prepared by medical professionals to the Board in an effort to satisfy their respective burdens of proof concerning causation, disability ratings, etc. This evidentiary system is efficient and it reduces…

How can workers’ compensation systems promote occupational safety and health?

By Gina Ko - on: Jan 09, 2019
The National Institute of Occupational Safety and Health (NIOSH) requested RAND Corporation, an American nonprofit policy think tank, to explore this very question with key stakeholders, in order to find ways to improve workers’ compensation policies that better promote occupational safety and health. RAND conducted a review of published perspectives regarding problems with current workers’…

Would you like to share some of my attorney fees in Washington?

By Anna McFaul and Christy Doornink - on: Oct 12, 2018
Typically, parties are responsible for paying their own attorney’s fees. There are some exceptions to this, such as when a person is forced to litigate to recover an award or when other persons or entities who want to share in the award must also share the responsibility for the attorney fees. An overlap of a…

The Washington DOSH Naughty List: Insight into the Severe Violator Enforcement Program

By Jennifer Truong - on: Sep 20, 2018
For Washington state employers who have demonstrated indifference to their Washington Industrial and Safety and Health Act (WISHA) obligations, the Department of Labor and Industries Division of Occupational Safety and Health (DOSH) may add your company to Severe Violator Enforcement Program (SVEP), which can result in increased enforcement actions.[1] Whether or not your business is…

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