Case File An Oregon worker injured in a collision with an ODOT snowplow could not pursue a negligence claim against the state despite arguing that the statutory bar violated the Oregon Constitution's Remedy Clause. The […]
Fraud Watch Fraud in workers’ compensation brings up concerns such as exaggerated injuries, provider schemes, premium manipulation, or claim-related dishonesty. A growing scam targeting Spanish-speaking injured workers now asks the industry to widen that lens. In these cases, criminals […]
Case File Because a bankruptcy court granted a worker's trustee's motion to reopen his bankruptcy case specifically to administer his negligence action against his employer as an asset, and the worker's disclosure of the negligence […]
What Do You Think? Employees injured at work normally cannot sue a company for negligence and obtain money damages. The “exclusive remedy rule” limits them to workers’ compensation benefits. But there is an exception if […]
Compliance Corner In Oregon, if an MCO receives a complaint or dispute that is not included in the MCO dispute resolution process, the MCO must, within seven days from the date of receiving the complaint, […]
What Do You Think? To obtain compensation for an occupational disease, an employee has to show that she had the condition and that her job caused it. A case involving an emergency dispatcher highlights the […]
Case File An immunity provision under Oregon law that applied to workers' compensation coverage ran afoul of the state's constitution because it left workers without a counterbalance hefty enough to offset the common-law remedy taken […]
Compliance Corner The headlines seem to report ever-growing amounts of workplace violence in health care settings across the country, and states are taking action to keep workers safe. For example, as Simply Research subscribers know, […]