Reinisch Wilson Weier PC Workers' Compensation Defense and Employment Law

Case Law Updates

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…

Social/recreational exception to compensability in Oregon narrowed by U.S. Bank v. Pohrman

By Vincci Lam and Brian Solodky - on: Nov 06, 2015
Employers be warned: unpleasant breath and scone-envy are no longer the biggest concerns with workers’ coffee breaks. In a recent decision, U.S. Bank v. Diane Pohrman, the Oregon Court of Appeals affirmed the Board’s finding that a claim was compensable where, during a break from work, the claimant slipped and fell in the public lobby of her…

DOL Board declares shift change is a legitimate personnel action and denies claim for LHWCA benefits

By Michael H. Weier - on: Oct 30, 2015
The U.S. Department of Labor Benefits Review Board (Board) in Nathaniel E. Raiford v. Huntington Ingalls Industries, Inc.[1] declared an employer’s decision to change a shift that gave rise to claimant’s stroke and altered mental state was a legitimate personnel action, and denied disability and medical benefits under the Longshore and Harbor Workers’ Compensation Act…

Washington Court of Appeals holds orders containing innocent errors to typical 60-day protest/appeal deadline

By Shawna Fruin - on: Aug 11, 2015
In its recent decision Birrueta v. Department of Labor and Industries,[1] the Washington Court of Appeals weighed in on one of the Washington State Industrial Insurance Act’s most puzzlingly worded statutes, RCW 51.32.240, which addresses erroneous benefits: (a) Whenever any payment of benefits under this title is made because of clerical error, mistake of identity,…

Case Law Update: Washington Supreme Court reverses lower court decision in Boeing & Doss v. DLI

By Casondra Albrecht - on: Jun 26, 2015
On April 16, 2015, the Washington Supreme Court reversed the Court of Appeals decision in The Boeing Co. and Patricia Doss v. Dep’t of Labor and Indus., and concluded employers must pay for post-pension treatment in cases where the Department granted Second Injury Fund Relief.[1] While pensioned workers are generally not entitled to medical benefits,…

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