Loading...

Blog

Suspicion about workers who are in pain!

In the Workers compensation system generally, and certainly, in Oregon’s workers compensation system, there is frequently a suspicion about workers who are in pain. The sad fact is that many workers suffer an injury and can develop significant, chronic, ongoing pain that is very difficult for them to deal with. Too many doctors think
[Read more...]

Suspicion about workers who are in pain! 2018-06-14T12:13:36+00:00

Oregon’s Workers Compensation System Is Too Complex!

Oregon’s workers compensation system is in many respects far too complex. If you are familiar, at all, with Rube Goldberg’s creations (and one of those would be the mouse trap game that many of us played while growing up), then you will understand when I say that this workers compensation system is a Rube
[Read more...]

Oregon’s Workers Compensation System Is Too Complex! 2018-06-14T11:27:24+00:00

Woman loses Workers’ Comp case in Alaska Supreme Court over daughter’s death!

Here is a link to a case out of the Alaskan Supreme Court holding that their death benefit scheme is constitutional, and depriving the mother of the now-deceased worker from suing the company that was responsible for her daughter’s death. This is actually fairly similar to Oregon law. First, Oregon, like Alaska and like
[Read more...]

Woman loses Workers’ Comp case in Alaska Supreme Court over daughter’s death! 2018-05-30T12:56:51+00:00

How you can deal with the Supreme Court’s decision in Epic Systems v. Lewis.

I recently posted (twice) about the Supreme Court’s decision in Epic Systems v. Lewis.  Here are some suggestions about how to deal with it.  I am pretty sure that Congress (at least as constituted) is not going to legislatively overrule this. Even if they did I have no doubt that our President would veto it.
[Read more...]

How you can deal with the Supreme Court’s decision in Epic Systems v. Lewis. 2018-05-30T09:59:48+00:00

Physical Therapy First For Low Back Pain May Curb Use Of Opioids!

Ihave posted about opioids before. There is an opioid crisis in this country, and we see it in our Workers Compensation system. Here is a study that shows that physical therapy reduces the probability that the injured person will use opioids and will not go to the emergency room. In Oregon, the main problem
[Read more...]

Physical Therapy First For Low Back Pain May Curb Use Of Opioids! 2018-05-30T09:26:24+00:00

An Epic Supreme Court Decision on Employment

The 5-4 ruling in Epic Systems Corp. v. Lewis could weaken workplace protections—and the justices on both sides knew it.False dichotomy, meretricious piety, and pay-no-attention-to-that-man-behind-the-curtain misdirection are vital arrows in the quiver of any lawyer or judge, no matter of what persuasion. These tricks were on particularly egregious display in Epic Systems Corp. v. Lewis, a 5-4
[Read more...]

An Epic Supreme Court Decision on Employment 2018-05-23T15:22:27+00:00

The Supreme Court Just Made It A Lot Harder To Sue Your Employer!

The Supreme Court issued a very anti-worker decision. Many large companies require employees to sign an arbitration clause that requires the employee to arbitrate violations of Federal labor laws rather than seek relief from a jury. The Supreme Court has ruled that they cannot form classes or groups to litigate these issues. The effect is
[Read more...]

The Supreme Court Just Made It A Lot Harder To Sue Your Employer! 2018-05-21T09:37:24+00:00

Navigating the Gig Economy, Independent or Employer?

Workers’ compensation applies to workers. It does not apply to independent contractors. Sometimes people don’t understand what they give up when they go to work in a job where they are classified as an independent contractor. In Oregon, it usually is pretty complicated to be declared an independent contractor. Some people are independent contractors
[Read more...]

Navigating the Gig Economy, Independent or Employer? 2018-05-16T11:50:51+00:00

The decision whether to settle the claim or litigate!

It has been a busy few weeks here at Moore & Jensen. We’ve had a number of hearings set, had to travel to try some cases, had others settle, and are preparing to argue another case at the Court of Appeals. Every time I request a hearing, I know that there will come a
[Read more...]

The decision whether to settle the claim or litigate! 2018-04-27T10:48:35+00:00