In a recent case decided by the Workers’ Compensation Board, an injured worker was awarded additional money for permanent disability because the workers’ compensation insurance company misapplied the law and failed to award the proper amount of disability benefits.  The injured worker was also entitled to a penalty (in this case, an additional 25% of…

In a recent decision,  the Worker’s Compensation  Board disagreed with a reduction in an injured worker’s disability award.  A Medical Arbiter, appointed to evaluate a worker’s permanent disability, had reduced the injured worker’s  award because he thought that 50% of the worker’s reduced range of motion was due to a preexisting condition. Oregon law states that when an injured worker…

The Oregon Workers’ Compensation law has very strict time limits for appealing insurance company denials.  Injured workers who do not file timely appeals can lose all their rights and benefits.  The insurance companies must also follow the rules.  In a recent ruling, the Workers’ Compensation Board said that an injured worker’s request for hearing was timely even though…

Thanks to the efforts of the Garrow Law firm, the court has issued a more important decision helping injured workers: In SAIF v. Camarena, 264 Or App 400 (2014),SAIF claimed the injured worker was not entitled to have his claim reopened for his back strain.  The claim had been closed for more than 5 years so…

There has been some good news for workers from the Court of Appeals this year: In Brown v. SAIF, 262 Or App 640 (2014), the Court held that an “otherwise compensable injury” is not defined by what conditions the insurer has accepted, but is rather “the work injury resulting from the work accident that caused…

In a recent case, the Workers’ Compensation Board held that, because the insurance company had reopened the injured worker’s claim for both a new medical condition and an aggravation of a previously accepted condition, the worker was entitled to have both conditions rated for permanent disability when the claim was closed.  This resulted in a greater disability award for the…

The Workers’ Compensation Board held recently that when a home-care worker told her employer that she was in the motor vehicle accident (MVA) on her way home, after finishing work, her claim was not compensable.  She told her boss some 6 months later that she had actually been in the MVA on her way to…

The Oregon Workers’ Compensation Act is a very complex piece of  legislation.  The law restricts which doctors may act as “Attending Physicians.”  In a recent case, the Workers’ Compensation Board held that an injured worker’s aggravation claim was invalid because it was signed by a chiropractor, who was not  authorized to serve as the “attending physician.”  The Board…

In a case decided last year, a worker was awarded benefits for his hearing loss that was partially due to diabetes brought on by exposure to Agent Orange while in the military service.  Under Oregon workers’ compensation law, the percentage of hearing loss due to military service may be considered a work-related factor.  This is based…