Oregon House Bill 3022 recently passed the House and now awaits Senate action. HB 3022 proposes to amend ORS 656.245(1)(c) to make diagnostic services compensable if they are reasonable and necessary to identify the nature or extent of a medical condition that may be related to a work injury or occupational disease. The necessity of…

Leaving their capes and cowls at home (or did they?), attorneys in the Firm’s Washington practice joined claims administrators, employer representatives, service providers and members of the Washington State Department of Labor and Industry at the Washington Self-Insurers Association’s Annual Conference, held May 15 to 17, 2019, in Tacoma, Washington. This year’s event, dubbed “Superheroes…

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…