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Drones May Be Watching Injured Workers!

I’ve had the pleasure of representing injured workers in Oregon for 36 years now. I have watched with some fascination (and some horror) as technology has drastically changed both the practice of law and the way insurers process workers’ compensation claims. From the very beginning, I have encountered insurance companies who conduct surveillance on
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Drones May Be Watching Injured Workers! 2018-08-14T13:18:45+00:00

Doctors are the gatekeepers of the workers compensation system!

The authorize time loss (wage replacement), permanent disability, medical care and vocational assistance.  This makes communication with the doctor paramount.  The doctor needs to understand the injured person and must believe them.  The way we talk to them is crucial.  Here is a look at how to communicate with them about Words Matter When Talking
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Doctors are the gatekeepers of the workers compensation system! 2018-07-24T11:15:42+00:00

Selecting Federal Administrative Law Judge’s By Performance!

Very recently, President Trump issued an executive order which puts an end to selecting federal administrative law judge’s by performance on a competitive examination and exempts them from all civil service protections to which they’ve long had. What this means is that it has turned all of the administrative law judge positions into patronage positions.
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Selecting Federal Administrative Law Judge’s By Performance! 2018-07-13T12:41:24+00:00

WORKERS COMPENSATION IS A POLITICAL FOOTBALL!

In 1995 the Republican party had control of both houses of Oregon’s legislature, and they had a major piece of legislation (SB 369) which was intended to drastically curtail workers rights. Then Governor Kitzhaber referred to Workers Compensation as “the Bosnia of Oregon Politics.” He then traded some environmental protections for workers rights, and
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WORKERS COMPENSATION IS A POLITICAL FOOTBALL! 2018-07-11T11:27:17+00:00

Opioids! The other side of the coin.

I have posted about some of the addictive dangers of opioids. Here is the other side of the coin.  I have many clients with significant chronic pain who need these meds on a regular basis.  They worry about addiction, but they follow the doctor’s orders and do not seek meds early or elsewhere.  Opioids
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Opioids! The other side of the coin. 2018-07-09T12:12:24+00:00

What Does The Gig Economy Mean For Workers Compensation Benefits?

I have posted about the gig economy before. This is an evolution of that. Amazon is now doing it, and this is an analysis of who is going to pay when there is an injury. Don’t Get Hit by or in an Amazon Van By WorkcompLawProf Share All the issues we have
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What Does The Gig Economy Mean For Workers Compensation Benefits? 2018-07-06T11:41:59+00:00

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