CategoryNoteworthy Cases - Philip Garrow LLC
Military Service is Considered Employment.
In a case decided last year, a worker was awarded benefits for his hearing loss that was partially due to diabetes brought on by exposure to Agent Orange while in the military service. Under Oregon workers’ compensation law, the percentage of hearing loss due to military service may be considered a work-related factor. This is based on a court case, Wallowa County v. Fordice, 181 Or pp 222, 225 (2002), rev den 334 Or 492 (2003).
In the Fordice case, the court agree with the Workers’ Compensation Board that military service is employment for the purposes of the workers’ compensation law. If you have questions regarding hearing loss related to your employment, or other on-the-job injuries, contact the law office of Philip H. Garrow
Supplemental Disability Benefits
If you have more than one job at the time you suffer an on-the-job injury, you may be eligible for supplemental disability benefits. If you are off work and losing money from both your jobs, you are entitled to be compensated for lost wages from both jobs. You must let the insurer know at the time you file your claim that you have more than one job/employer. It is the injured worker’s responsibility to provide the wage information needed in order for the insurer to calculate your benefits. The Workers’ Compensation Board recently said that a worker with a summer job, who was injured before the job started that year, was eligible for supplemental disability benefits because the worker had a continuing relationship with the summer employer during the summer season. An experienced attorney can help ensure that you receive all the benefits due on your injury claim.
If you have questions or need help with your on-the-job injury claim, please contact the law office of Philip H. Garrow
Work Disability Calculation Includes Overtime
If you cannot go back to your regular work because of your work injury, you are entitled to a greater award for “work disability.” The Court of Appeals recently said that your regular work includes the overtime you work. An injured worker who is unable to work the overtime hours he or she worked before the injury is more disabled–and entitled to more money in disability benefits–than a worker who can go back to the same job and hours after the injury. If you have questions about your Oregon workers’ compensation claim, please contact Philip H. Garrow at 541-382-3736 or visit our websiteWe work hard to make sure our clients receive the maximum benefits on their injury claims.
Does Your Employer Have Control?
In a recent Court of Appeals case, the Court talked about the general rule that a worker who is coming or going from work or from a break is not covered under workers’ compensation unless there is an exception to the rule. One of the exceptions is if you are injured in an area controlled by the employer, for example, the parking lot where you are told to park.
If an injury occurs in an area that you are free to be in, in this case a smoking hut just outside of the employer’s premises, and you are injured coming back to work, if your employer has any “control” over the area as it does over its parking lot, then your injury should be covered by the work insurance.
If you have a denied workers’ compensation claim or have questions regarding your on-the-job claim, contact our office
Trouble Recalling Past Medical Treatment?
Having a hard time remembering all your prior medical treatment and injuries? You are not alone. In a recent case, the employer argued that because the worker forgot to tell his doctor about a prior motor vehicle accident (MVA), he should not be believed about his current accident. The Workers’ Compensation Board (Board) disagreed, noting that the worker did tell the insurance company doctors about the MVA and did remember to tell his treating doctor for his workers’ compensation claim. The Board said the injured worker was telling the truth. If you have any questions about workers’ compensation or need help with your on-the-job injury claim, please contact our office at 541-382-3736 or visit our website
Union Hall Work Week
More good news for working men and women! A recent Workers’ Compensation case clarified that, for injured workers working out of a union hall, the rate of temporary disability benefits/time loss is based on a five-day work week at 40 hours per week, regardless of the number of days actually worked on the current job. If you have questions or need help with your Oregon workers’ compensation claim, please contact our office!
Intentionally injured on-the-job?
In a recent case, the employer tried to claim that a worker intentionally injured himself on the job, which would have made the injured worker ineligible for workers compensation benefits. According to witnesses, the injured worker was walking back to the job site as a co-worker was driving a forklift in the same direction. The worker testified that the forklift caught the back of his heel, causing him to fall. The co-worker testified that the worker “lunged” in front of the forklift.
The Workers’ Compensation Board agreed with the worker that he did not get injured on purpose. The law says there is a “ presumption” that a work injury was not the result of an intention to be injured. The employer failed to prove that the worker’s injury was intentional.
If you have question regarding an on-the-job injury claim, please contact our office
Home-Based Employment Information
Marge of the Garrow Law office recently attended a seminar on what is new in Oregon workers’ compensation law. A new case holds that if you work for your employer out of your house, you may still be covered by workers’ compensation for hazards you encounter at your home.
In the recent case, the worker, a custom decorator, kept her employer’s samples and supplies in her garage at her employer’s request. She tripped over her dog on her way to the garage to pick up samples before meeting with a client. The employer denied the claim.
The Oregon Court of Appeals disagreed and found that this was a work injury because the worker’s home environment was also her work environment. If you have question regarding an on-the-job injury or your workers’ compensation case, please contact our office.
Temporary Disability Benefits & Short-Term Disability Benefits
In another important decision for injured workers, the Oregon Workers’ Compensation Board decided that if workers injured on the job who have short-term disability benefits through your work, may still receive time loss (temporary disability) benefit paid by the workers’ compensation insurance company, as well as short-term disability benefits. These benefits are not the same as sick leave.
Workers injured on the job in Oregon who are entitled to receive sick leave pay, may not be post-injury wages and you do not get time loss also.
Contact us todayOur consultations are always free!
Philip Garrow wins another important Oregon workers’ compensation case!
The Garrow law office won another important case before the Oregon Workers’ Compensation Board. The injured worker, a middle school teacher and track coach who suffered a wrist injury while demonstrating throwing a discus to his track team, received an increase in his permanent disability, and a work disability award, because he could not go back to his “regular” work. SAIF initially would not agree to give him an increase, but the Administrative Law Judge did after we filed an appeal on the worker’s behalf. SAIF then appealed from the Judge’s decision.
The Workers’ Compensation Board sided with the worker. SAIF argued that the worker was not entitled to a work disability award because he could return to his regular work. SAIF said that just because he was injured while demonstrating how to throw a discus, his regular job as a coach did not require him to throw a discus. The Board disagreed and said that, no matter what the school district or SAIF claimed, the worker’s duties included physically demonstrating the throwing techniques for a discus. The worker was therefore entitled to an increase in his disability benefits.
We believe our job includes getting the maximum benefits for our clients who have suffered work injuries. This case is an example of that principle. Contact our officeOur consultations are always free!