WORKERS' COMP ALERTS & CURRENT EVENTS
Reinisch Mackenzie, P.C.
OCTOBER 2007
ALJ Strikes Down Oregon Rule Barring Illegal Workers from Vocational Assistance; Appeal Pending.
ALJ Pardington has issued an order invalidating the Oregon rule that declares undocumented workers ineligible for vocational assistance. See Carmen Carreon, Proposed and Final Order (6/26/07). For years, OAR 436-120-0320(10)(a) has required workers to be "authorized to work in the United States" in order to be deemed eligible for such benefits. The ALJ held that the rule exceeds the Department's authority because it conflicts with the statutory definition of "worker" contained in ORS 656.005(30). REINISCH MACKENZIE represented the insurer and has an appeal pending with Administrator John Shilts' office. The Department has issued no statements on whether it will honor the ALJ's ruling pending appeal. For more information, contact attorney Rodger Hepburn.
Brian Solodky Joins the Legal Team at REINISCH MACKENZIE.
REINISCH MACKENZIE is pleased to announce that attorney Brian Solodky has joined its team of lawyers in its Portland office representing its employer and insurer clients in Oregon and Washington. Formerly with the Radler, Bohy firm, Brian has practiced exclusively in the workers compensation area since 2000. He and his wife Kate live in northwest Portland where they are expecting their second child this November. For more information, contact attorney Brian Solodky.
Oregon System Awaits New Comp OARs for 2008.
On September 24, 2007, the Oregon Workers' Compensation Division held a single, combined hearing on scores of proposed changes to OAR Chapter 436 administrative rules necessitated by statutory changes the Legislature enacted earlier this year. Among other things, these will include rules to add several new provider categories to those who may authorize treatment and time loss benefits as "attending physicians." The Department has posted preliminary drafts of its proposed rules changes at its website. (To access WCD's website, click the "Oregon Resources" tab above.)
An industry seminar outlining these changes and their effects will be presented REINISCH MACKENZIE in January 2008. Watch our website for further information for the date, location and information on how to reserve your spot.
REINISCH MACKENZIE Attorney to Speak at National Workers' Comp Conference.
Jerry Keene has been invited to speak at the annual conference of the Workers' Compensation Research Institute (WRCI) in Boston, Massachusetts later this month. WRCI is a national, not-for-profit organization devoted to research and the dissemination of studies comparing the costs and effectiveness of workers' compensation systems throughout the United States. As one of the key players involved in the drafting of Oregon's workers' compensation reforms over the past two decades, Keene will participate in a panel discussing a study WRCI conducted of the Oregon workers' compensation reforms to identify the "lessons" of those reforms for other states. For more information, contact attorney Jerry Keene.