Illustrating the substantial barrier that many Oregon claimants contend has been erected via the combination of the state’s “clear and convincing evidence” standard and its “major contributing cause” requirement [see...
Oregon Software Worker Fails to Establish Mental Disorder Claim Oregon Software Worker Fails to Establish Mental Disorder ClaimFaced with a direct conflict between two statutes of limitation, the first [ORS 30.275(9)] indicating that “notwithstanding any other … statute providing a limitation on the commencement of an action,”...
Oregon Court Resolves Statutory Dilemma Between Conflicting Statutes of Limitation Oregon Court Resolves Statutory Dilemma Between Conflicting Statutes of LimitationCourt Nevertheless Reverses and Remands Board’s Decision That Had Awarded Benefits The Court of Appeals of Oregon recently reiterated that a mere susceptibility or predisposition that does not contribute to...
Oregon Court Reiterates that “Susceptible to” Does Not Equate with “Preexisting Condition” Oregon Court Reiterates that “Susceptible to” Does Not Equate with “Preexisting Condition”A person in the status of a traveling employee is continuously within the course and scope of the employment while traveling, except when the person is engaged in a distinct...
Oregon: Traveling Employee’s Death While Returning From Shopping Trip Was Not Compensable Oregon: Traveling Employee’s Death While Returning From Shopping Trip Was Not CompensableA recent federal district court decision from Oregon, Kwiecinski v. Medi-Tech International Corp., 2016 U.S. Dist. LEXIS 72453 (D. Or., June 3, 2016), provides an important practice point not only...
Cautionary Tale: Retaliatory Discharge Statute May Not Protect Employee if Original Comp Claim Was Filed in Another State Cautionary Tale: Retaliatory Discharge Statute May Not Protect Employee if Original Comp Claim Was Filed in Another StateThat an office worker enjoyed walking did not transform her trip to the post office during the workday into recreational activity, held an Oregon appellate court recently in Sedgwick Claims...
Oregon Court Says Walking to Post Office Isn’t “Recreational” Just Because Employee Enjoyed the Activity Oregon Court Says Walking to Post Office Isn’t “Recreational” Just Because Employee Enjoyed the ActivityLike a number of other states, Oregon has a program through which its Department of Human Services provides home health care services to qualifying clients (state citizens), at state expense....
Oregon Home Health Care Worker’s Employment Is Broader Than Approved Task List Oregon Home Health Care Worker’s Employment Is Broader Than Approved Task ListOn Wednesday, an Oregon appellate court affirmed the denial of an injured worker’s claim for workers’ compensation benefits on the grounds that she had, without an appropriate reason, failed to...
Oregon Court Affirms Denial of Claim Due to Claimant’s Failure to Cooperate Oregon Court Affirms Denial of Claim Due to Claimant’s Failure to CooperateAn Oregon appellate court recently affirmed a decision by the state’s Workers’ Compensation Board that concluded claimant’s subsistence and travel pay were “wages” for purposes of determining claimant’s TTD benefits...
Oregon: AWW Must Include “Subsistence Allowance” and Travel Pay for California Brick Mason Oregon: AWW Must Include “Subsistence Allowance” and Travel Pay for California Brick MasonOn Wednesday, the Court of Appeals of Oregon, in McDermed v. City of Eugene, 2012 Ore. App. LEXIS 796 (June 27, 2012), affirmed an award of workers’ compensation benefits to...
Oregon: Police Lieutenant’s Injuries During Coffee Break Are Compensable Oregon: Police Lieutenant’s Injuries During Coffee Break Are Compensable