News & Articles


“Preexisting Condition” Redefined In New Workers’ Comp Law

Workers’ Compensation claims involving injuries on or after January 1, 2002, have been subject to changes in the law, including a new definition of “pre-existing condition.”   Generally, a “preexisting condition” is a medical condition which a worker had prior to a claimed work injury or occupational disease, and which contributed to it. The definition […]

Workers' Compensation Lawyer Articles

Oregon Supreme Court Allows Injured Workers To File Civil Actions Against Their Employers

Injured workers who found themselves without a remedy when their work injury claims were denied were given another option when the Oregon Supreme Court issued its opinion in Smothers v. Gresham Transfer, Inc. in May 2001. Terry Smothers filed an “occupational disease” claim for a lung disorder developed after exposure to fumes and mist containing sulfuric […]

Workers' Compensation Lawyer Articles

Getting Approval For Elective Surgery On Injured Workers

Your patient suffered an injury on the job. The injury is an accepted Workers’ Compensation claim. The comp insurance carrier (“the insurer”) has been paying your bills. Now, you think your patient needs surgery. Although not needed as an emergency measure to preserve life, function or health, you believe surgery is required to help your […]

Workers' Compensation Lawyer Articles


Do You Really Agree With That “Independent Medical Exam?”

Injured workers are frequently sent for an “independent medical exam” (“IME”), so the employer’s comp insurance carrier can get a second opinion. This common practice sounds fair and innocent enough. In fact, it is laden with landmines which can be fatal to the injured worker’s compensation claim. Most of the hazards lurk just behind the […]

Workers' Compensation Lawyer Articles

What Judges Look For In Medical Opinions In Comp Cases

Your opinion is needed for your patient’s work injury claim. It seems obvious to you that your patient needed treatment, and possibly was disabled, because he/she was hurt at work. Yet you’ve heard Workers’ Compensation judges do not always accept treating doctors’ opinions. What are judges in comp claims looking for anyway? Your opinion as […]

Workers' Compensation Lawyer Articles


How Doctors Are Paid For Treating Workers’ Comp Claimants

Getting medical bills paid has become very complex. Billing for treating injured workers is no exception. This article offers guidelines in how you are paid for treating injured workers. You may wish to give this information to your billing office. The form required for billing is either DCBS Form UB-92 or Form HCFA-1500, “Health Insurance […]

Workers' Compensation Lawyer Articles

A Review Of Terms And Issues Used In Workers’ Compensation Claims

This Journal has looked at a number of issues and terms of art used to consider medical evidence in Workers’ Compensation claims. This article is a quick review of some of these concepts, with references to past issues which discuss these matters in more detail.   Medical evidence is critical in deciding these issues: Diagnosis […]

Workers' Compensation Lawyer Articles

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