Writing about Oregon Workers' Compensation issues can be challenging. How many workers' compensationattorney courtroom dramas are on television? However, it is an interesting time to represent injured workers in Oregon, because of recent case law that has fundamentally shifted the way we help our clients.
A few years ago, the Oregon Workers' Compensationstatute was interpreted in a way that the insurance companies were inthe driver's seat. The insurance company defined the claim by unilaterally deciding which medical condition it would cover. an injured worker could ask the insurance company to cover other medical problems, requiring more claims, and setting a pretty high hurdle. tthat has changed.
Now, whether an injured Oregon worker is entitled to a workers' compensationbenefit depends on whether or not the actual injury event caused the need for the benefit.this is a big deal because the insurance company cannot define how a worker was injured. If an on-the-job injury caused a need to treat a medical problem, even if it were present prior to the injury, it's covered. Finally, the right questions are being asked.