Workers Compensation

Transcription

1 Workers Compensation 2008 Revision l Navigate the administrative bureaucracy of workers compensation law with ease. l Learn the steps to file a claim, prepare for hearings, and collect compensation. l Understand the procedures and rules for drafting three types of settlement agreements.

2 Workers Compensation provides you with the information that you need regarding the compensability of on-the-job injuries. Highlights to this 2008 revision include: n Statutory changes taking effect in July 2009 n Explanations of the legal framework, enforcement scheme, and dispute-resolution process created by the Oregon Safe Employment Act n How scheduled and unscheduled permanent disability awards have changed to awards based on a percentage of the whole person n Under which circumstances attorney fees are awarded in workers compensation cases n How the Workers Benefit Fund assists employers and injured workers n The distinction between occupational disease and accidental injury n Requirements for obtaining coverage of mental disorders n How to determine who qualifies as a covered employer or worker n Helpful tips for conducting an interview with an injured worker n How a claim is processed n Which procedure to follow to obtain Workers Compensation Board review of an administrative law judge s order n And much more Buy this practical and authoritative guide to Oregon s workers compensation system today. Editors Julie Masters, B.A., Vermont College of Norwich University (1984); J.D., University of Oregon School of Law (1996); member of the Oregon State Bar since 1996; staff attorney, SAIF Corporation, Salem. Kevin Keaney, B.A., C.W. Post Center, Long Island University (1975); B.S.N., University of Texas (1981); J.D., Fordham University (1987); member of the Oregon State Bar since 1987 and the Washington State Bar Association since 1991; principal, Kevin Keaney PC, Portland. Deborah L. Sather, B.A., University of Oregon (1973); M.S., Lone Mountain College (1976); J.D., Lewis & Clark Law School (1981); member of the Oregon State Bar since 1981; partner, Sather Byerly & Holloway, LLP, Portland.

3 Workers Compensation 2008 Revision Contents 1 History and Perspective 2 Constitutionality and Statutory Construction 3 Covered Employers and Employees 4 Coverage; Compliance by Employer 5 Claims Processing 6 Interview with the Injured Worker 7 Employment: Course and Scope 8 Accidental Injury Claims 9 Occupational Diseases 10 New and Omitted Medical Condition Claims NEW 11 Responsibility 12 Medical Services 13 Temporary Disability Benefits 14 Permanent Disabilities 15 Benefits Payable on the Death of an Injured Worker 16 Claim Closure 17 Hearings 18 Board Review 19 Judicial Review 20 Releases and Settlements 21 Attorney Fees and Penalties 22 Board s Own-Motion Jurisdiction 23 Vocational Rehabilitation 24 Employer Incentives and Special Funds 25 Reinstatement and Reemployment Rights of Injured Workers 26 Americans with Disabilities Act 27 Third-Party Actions and Civil Actions Against Employers 28 Oregon Occupational Safety and Health 29 Where to Find Forms

4 Order Form Workers Compensation Name Bar # Firm Name Phone Shipping Address (No P.O. Box) City State Zip Code vols. with binders [570.KT] $ $ Subtotal from other side: $ Subtotal: $ Subtract 40% if you re a BarBooks subscriber: $ Subtotal: $ Shipping & handling fee: $ 7.00 TOTAL ORDER: $ WB PAYMENT OPTIONS: Check enclosed: payable to Oregon State Bar Please bill: Customer No. Credit card (VISA & MasterCard Only) All the information below is required when paying by credit card. Credit card number Expiration date Name on Credit Card (Please Print) Credit Card Billing Address City State Zip Code Authorized Signature FOUR WAYS TO ORDER: 1. ONLINE: Order online with a credit card at our secure bookstore at Note: BarBooks discount not available online. 2. MAIL: Mail order with payment to: Oregon State Bar Service Desk, SW Upper Boones Ferry Road, P.O. Box , Tigard, Oregon FAX: Fax this page, including credit card information, to the Service Desk at To avoid duplicate orders, do NOT mail a copy. 4. PHONE: Call the Service Desk at , or toll-free in Oregon at , ext Please allow two weeks for normal delivery for all order methods Oregon State Bar

5 Other books to enhance your library: Family Law This three-volume book is essential for Oregon lawyers who practice family law. Learn about: marriage; annulment; separation; spousal and child support; child custody; visitation; domestic violence; enforcement; modification; discovery; property division; tax aspects; adoption; paternity; unmarried couples; prenuptial, postnuptial, and marriage settlement agreements; appeal; and mediation. Highlights from the supplement include: information on Oregon s new domestic partnership laws, analysis of Oregon s new workplace leave law, requirements that health care coverage be provided as part of child support orders or modifications, paternity presumption that determines parentage of a child born within 300 days after a marriage is terminated, changes in property division after Kunze and Kunze and how this case changed the way a party rebuts the presumption of equal contribution, and much more vols. with 2008 cumulative supplement and forms on CD [485.KT] $285...$ 2008 cumulative supplement with forms on CD [485.08KS] $145...$ Criminal Law With nearly 1,800 pages and over 4,000 cases, this book has expanded to three volumes of case law, statutory law (current through the 2005 and 2006 legislative sessions), rules, and practice tips, including aftermath of Blakely regarding a court s ability to impose a sentence above the standard range set forth in the sentencing guidelines, aftermath of Crawford regarding the admissibility of testimonial hearsay, and a new chapter dealing with the exclusionary rule. The legislative supplement covers enhancement facts and sentencing-phase jury trials, drug crimes, disorderly conduct in the first degree, appearance by simultaneous electronic transmission, conditional discharge statute, restitution statutes, dangerous offender statutes, and definition of victim vols. with 2006 legislative supplement and forms on CD [460.KT] $290...$ 2006 legislative supplement with forms on CD [460.06KS] $45...$ Administering Trusts in Oregon This book is an in-depth examination of the process of administering trusts, with a specific focus on Oregon law and practice. Chapters include information on: providing accountings to beneficiaries, compensation and timelines, receipts and disbursements, process for removing a trustee by court order, and how to determine a trustee s tax liability after the settlor dies. The 2007 revision also includes a chapter written by the chairs of the Oregon UTC Study Committee analyzing the new trust code and explaining each new code provision vol. without binder (with forms on CD) [407.KB] $165...$ vol. with binder and forms on CD [407.KT] $175...$ Subtotal: $ RETURN POLICY: Returns with receipt (packing list) are accepted within 45 days from the shipping date. Defective products will be replaced. Full refund for books with no visible marks, creases, etc., and in salable condition. Full refund for unopened CD-ROMs and audio and video products. Please send to OSB, Attention: Returns, SW Upper Boones Ferry Road, P.O. Box , Tigard, Oregon Questions? Call ; toll-free in Oregon , ext. 413.