Governments

Legislation is being introduced to prohibit forced arbitration clauses!

While it is always uncertain what legislation can get passed (particularly when you have shared control with the Democrats in control of the house and the Republicans in control of the Senate), it is good to see that there is now some push being made to restore some worker rights vis a vis their employers.
[Read more...]

Legislation is being introduced to prohibit forced arbitration clauses!2018-11-15T13:07:14+00:00

For the workers’ compensation system, the election outcomes were good.

I am sure that everyone else is as glad as I am that the election is over, and therefore we don’t need to spend all of our TV time watching ads for candidates and causes. For the workers’ compensation system, the election outcomes were good. We will have the opportunity to influence the workers’
[Read more...]

For the workers’ compensation system, the election outcomes were good.2018-11-13T09:51:50+00:00

This administration continues its relentless march toward repealing safeguards!

ON THE U.S. LABOR DEPARTMENT’S FALL REGULATORY AGENDA Following is a statement from Christine Owens, Executive Director, National Employment Law Project: Posted October 17, 2018 “In the Fall Regulatory Agenda released by the U.S. Department of Labor today, the Trump administration continues its relentless march toward repealing safeguards designed to protect the
[Read more...]

This administration continues its relentless march toward repealing safeguards!2018-10-24T15:22:58+00:00

The statute of limitations sets out the time limits – What you need to know!

In virtually every compensation scheme, there are, what lawyers refer to as, statute of limitation. The statute of limitations sets out the time limits under which claims can be filed. It is presumed that people know their rights and obligations (even when it is usually not true). Oregon’s Workers’ Compensation Act is no different.
[Read more...]

The statute of limitations sets out the time limits – What you need to know!2018-10-24T14:28:11+00:00

Oregon’s Workers Compensation System – Skewed Toward Employers!

In Oregon’s workers compensation system, insurers and self-insured employers rely on so called independent medical evaluators (IME’s). These are doctors, usually retired from the normal practice of taking care of people, who evaluate injured workers. These doctors provide opinions regarding the compensability (work relatedness) of claims and evaluate the disability that is a consequence
[Read more...]

Oregon’s Workers Compensation System – Skewed Toward Employers!2018-09-27T09:46:41+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.
[Read more...]

Selecting Federal Administrative Law Judge’s By Performance!2018-09-26T15:31:06+00:00

Oregon significantly cut back benefits for injured workers!

In 1990 and again in 1995 Oregon significantly cut back benefits for injured workers.  Oregon is not the only one. In Kentucky, their legislature has made it much more difficult for coal miners to get compensation for black lung disease.  One of the big changes is to limit the doctors who can read x-rays
[Read more...]

Oregon significantly cut back benefits for injured workers!2018-09-27T09:09:28+00:00

Oregon workers have rights as a consequence of workplace stresses.

In Oregon workers still, have the right to establish a psychological injury as a consequence of workplace stresses. The claims are difficult to prove, but it can be done.  In many states, it is not possible to even file these claims.  Some cracks are beginning to show, and here is one. Governor
[Read more...]

Oregon workers have rights as a consequence of workplace stresses.2018-09-27T09:09:28+00:00

Waiting in Pain – a three part series – Part 1

The Honolulu Civil Beat has a three-story series on workers’ compensation.This is in Hawaii, and much of the Hawaii law does not track with Oregon law, but many of the problems are the same. I am going to post the three articles separately. Here is the first one, which is titled Insurance “Hell” Leaves Many
[Read more...]

Waiting in Pain – a three part series – Part 12018-09-27T09:09:29+00:00

This is a great victory for workers, and this sort of thing is why I do this work

One of the success stories for trial lawyers was getting acknowledgment of workers having two jobs and getting time loss paid based on both wages.  This means that if you are injured doing a very low wage job, but you are unable to do the higher paying job as well you can get paid
[Read more...]

This is a great victory for workers, and this sort of thing is why I do this work2018-09-27T09:09:29+00:00