Did you know that independent medical examiners face exposure in the State of Washington for medical malpractice and medical battery causes of action when doing an examination? Independent medical examiners beware—Division II of the Washington Court of Appeals recently concluded a physical examination during an independent medical examination that causes injury to the person being…

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…

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…

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’…

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…