State Legislation

CorVel is a national provider of industry leading workers’ compensation solutions to Oregon payors. Incidents and injuries can be reported to our 24/7 call center, to the online claims system or via mobile apps. Reports are immediately processed by our proprietary rules engine where medical management begins immediately as needed, and the claim is assigned to a Claims Adjuster within one business day or less of initial receipt.

Our comprehensive return to work program ensures collaboration and communication with all interested parties including the injured worker, employer, human resources, medical and safety teams, and healthcare providers.  We use technology, compassionate case management for employees and cost containment measures, to give Oregon employers a superior program.

As a service to our clients, CorVel is providing links to information related to the COVID-19 pandemic provided by the states.

The Oregon Department of Consumer and Business Services issued a temporary emergency order in response to the COVID-19 outbreak.

Legislature Status: Adjourned sine die March 8.

• Oregon Health Authority coronavirus resource page.

• April 14, 2020 – The Governor introduced their framework for Reopening Oregon: a plan to restart public life and business while maintaining healthy communities. Once certain prerequisites are met, Oregon can begin to reopen by:
  • Ramping up COVID-19 testing capacity in every region of Oregon;
  • Developing robust contact tracing systems to track and contain COVID-19 cases; and,
  • Establishing a quarantine and isolation program for new cases.
• April 13, 2020 – The Governor announced a regional partnership with California Governor Gavin Newsom and Washington Governor Jay Inslee to create a shared vision for reopening their economies and harmonize lifting social distancing measures. The Governors have centered on four overarching goals:
  • Protect vulnerable populations at risk for severe disease if infected;
  • Ensure an ability to care for those who may become sick with COVID-19 and other conditions;
  • Mitigate the non-direct COVID-19 health impacts, particularly in disadvantaged communities; and,
  • Protect the public by ensuring any successful lifting of interventions includes the development of a system of testing, tracking and isolating.
• April 13, 2020 – The Governor announced that the Oregon Army National Guard facilitated transportation and distribution of medical personal protective equipment to all 36 counties, nine tribal nations, and two tribal health agencies in order to enhance needed supply inventories.
• April 13, 2020 – The Governor announced the state is ramping up its enforcement activity. Specifically, Oregon OSHA will begin systematically conducting spot checks to verify that employers are complying with the requirements – including closures to the public.
• April 11, 2020 – The Department of Human Services and Oregon Health Authority launched a multi-agency support team to assess the needs of long-term care facilities experiencing increased cases and help them access resource to prevent further transmission among residents and staff.

Oregon Regulatory Updates 04/11/2024

SB 1580 – Digest: the Act Would Make It a Crime For an Employer to Report False Data In Order to Lower Its Workers’ Comp Premium. (Flesch Readability Score: 65.2). Creates the Crime of Fraudulent Misrepresentation By an Employer to an Insurer of Certain Employee-Related Data With the Intent to Decrease the Employer’s Workers’ Compensation Insurance Premium. Punishes By a Maximum Fine of $125,000 Plus Specified Forms of Restitution. Declares an Emergency, Effective on Passage.

Issues: Workers’ Compensation (General)

Summary For 02/16/2024

This measure makes it a Class A misdemeanor for an employer to knowingly submit a false payroll report to the Workers’ Compensation Board, the Department of Business Services, the corporation, or an insurer.  It takes effect upon enactment.

Most Recent Update:

03/27/2024 – This measure was signed by Governor Tina Kotek (D) on March 27. It takes effect March 27, 2024.

Additional Outlook: The February 12 amendment changes the measure’s scope to submitting false payroll reports and makes it a Class A misdemeanor.

SB 1584 – Digest: the Act Removes Two Bases For a Worker to Refuse a Job Without Losing Workers’ Comp Benefits. (Flesch Readability Score: 60.1). Deletes Two Bases For a Worker to Refuse an Offer of Modified Employment Without Losing Temporary Total Disability Benefits.

Issues:  Workers’ Compensation (General)

Summary For 02/05/2024

This measure removes two allowed justifications for an injured employee refusing to return to work without disrupting temporary total disability benefits. Namely, it removes the justification for the employment not being with the previous employer or not being at the previous worksite.

Most Recent Update:

03/07/2024 –  This measure failed upon adjournment of the legislature on March 7. This measure is ineligible for further consideration.

Oregon Regulatory Updates 2/6/2023

SB 214 – Conforms Definition of “Average Weekly Wage” As Used In Death Benefits Section to Definition Used Generally In Ors Chapter 656. Authorizes Payment from Workers’ Benefit Fund of Compensation Due Beneficiaries from Defaulting Insurer.

Issues: Workers’ Compensation (General)

Summary:

This measure requires the Director of the Department of Consumer and Business Services to advance funds from the Workers’ Benefit Fund to injured workers or their beneficiaries if an insurer defaults in payment of compensation. This measure also utilizes the average weekly wage definition, as defined in Oregon State Legislature chapter 656, to mean the Oregon average weekly wage in covered employment, as determined by the Employment Department, for the last quarter of the calendar year preceding the fiscal year in which the injury occurred.

Most Recent Update:

01/26/2023 This measure is scheduled for a public hearing on January 26 in the Senate Committee On Labor and Business chaired by Senator Kathleen Taylor (D). Written testimony may be submitted any time prior to a committee meeting and 24-hours after the hearing has completed. In-person testimony is accepted at the discretion of the Chair. In Oregon, the Chair may choose to hold a vote, but it is common practice to hold at least one public hearing before voting. Occasionally, hearings are redesignated as work sessions in order to be voted on that same day. A hearing and work session may occur at the same time. Testimony may submitted at hhttps://olis.oregonlegislature.gov/liz/2022R1/Testimony/SNRWR, or by phone at 588-4500 (U.S. toll free). 

SB 213 – Updates Reporting Requirements For Worker Leasing Companies Providing Workers’ Compensation Coverage to Client Employers.

Issues:  Workers’ Compensation (General)

Summary:

This measure updates reporting requirements for worker leasing companies providing workers’ compensation coverage to client employers. When a worker leasing company provides workers to a client, the worker leasing company shall ensure that the client provides adequate training, supervision and instruction for those workers, and worker leasing company shall provide workers’ compensation coverage for those workers and any subject workers employed by the client, unless during the term of the lease arrangement the client has proof of coverage on file.

Most Recent Update:

1/9/2023 This measure has been introduced and referred to the President’s Desk. This measure is eligible for consideration in the committee of referral.

Oregon Regulatory Updates 3/30/2021

SB 801 – Relating to processing procedures for workers’ compensation claims.

Issues: Managed Care, Workers’ Compensation Managed Care

Summary:

This measure directs Department of Consumer and Business Services to study issues relating to workers’ compensation claims processing and report to appropriate committee or interim committee of Legislative Assembly on or before September 15, 2022.

Amendment 1 replaces the measure and establishes that self-insured employers must use the State Accident Insurance Fund Corporation (SAIF) to process workers’ compensation claims. Requires SAIF to process claims in the same manner as claims for which SAIF is the insurer. Clarifies that SAIF is not the insurer for self-insured employers and requires self-insured employers to pay compensation in accordance with terms of any decision rendered by SAIF. Authorizes SAIF to charge and receive from self-insured employer compensation for SAIF’s expenses in providing claim processing services. Provides that certain timelines for processing claims begin when SAIF receives notice of the claim from the self-insured employer. Allows self-insured employer to seek compensation from SAIF if certain actions result in liability for the employer. Removes requirement that self-insured employer have adequate staff to process claims promptly. Requires SAIF to maintain complete records of claims referred by self-insured employer for processing.

Most Recent Update: This amendment is currently in committee and will be addressed in a virtual public hearing on April 8.

SB 802 – Relating to workers’ compensation for secondary effects of COVID-19. 

Issues: Managed Care, Workers’ Compensation Managed Care

Summary:

This measure directs Department of Consumer and Business Services to study issues relating to workers’ compensation for secondary effects of infection by SARS-CoV-2 or diagnosis with coronavirus disease 2019 (COVID-19) and report to appropriate committee or interim committee of Legislative Assembly on or before September 15, 2022.

Amendment 1 replaces the measure and establishes that subject worker’s development or presentation of a debilitating medical condition that likely resulted from previous COVID-19 infection is presumed compensable as an occupational disease within 30 years after expiration or termination of the Governor’s state of emergency related to COVID-19. Limits presumption to essential workers during the emergency period who has not previously filed a claim for occupational disease or injury directly related to exposure to SARS-CoV-2 or development of COVID-19 condition and who was exposed to, quarantined for, tested positive for, or diagnosed with COVID-19. Allows insurer or self-insured employer to rebut presumption or deny a claim only with clear and convincing evidence. Establishes that lack of express confirmation of previous exposure to or development of COVID-19 condition is not sufficient to rebut presumption. Defines “essential worker” as a public safety personnel, peace worker, medical services provider, retail or restaurant employee, school employee, child care facility employee, agricultural worker, janitorial or sanitation worker, or employee of a public body who provided housing, shelter, or health and wellness services while direct contact with the public, who, at an employer’s discretion, must or may have worked
at an assigned work site other than the subject worker’s residence during the emergency period. Adds exposure to or infection by COVID 19 to definition of “occupational disease” for purposes of workers’ compensation claims. Applies presumption to claims for occupational disease or injury submitted on or after effective date of measure and to claims submitted and were pending but for which compensation was not yet determined before effective date of measure. Declares emergency, effective on passage.

Most Recent Update: This amendment is currently in committee and will be addressed in a virtual public hearing on April 8.

Oregon Regulatory Updates 11/01/2019

HB 2424 – Relating to managed care organizations that provide managed care to injured workers.

Issues: Managed Care, Workers’ Compensation Managed Care

Summary:

This measure relates to managed care organizations that provide managed care to injured workers.

This measure authorizes an attending physician or authorized nurse practitioner to refer a worker for compensable medial treatment by a chiropractic physician who is not a member of the managed care organization, if:

i. The worker has a documented history of treatment with the chiropractic physician

ii. The chiropractic physician agrees to comply with the rules, terms and conditions for providing services that the managed care organization provides, and

iii. The managed care organization’s service utilization review process determines that the treatment is medically appropriate.

Most Recent Update: This measure failed upon adjournment on June 30. This measure is no longer eligible for consideration in the 2019 Legislative Session.

Oregon Services

• Workers’ compensation claims administration
• Medical bill review in compliance with state requirements
• Local PPO development and management
• Case management services

Oregon Resources

Oregon Compensation Website

Oregon Government Website