Johnson Johnson Lucas & Middleton Johnson Johnson Lucas & Middleton 2026-03-26T09:29:57Z https://www.justicelawyers.com/feed/atom/ WordPress /wp-content/uploads/sites/1403556/2020/07/cropped-favicon-32x32.png by Keith Semple <![CDATA[When Workers’ Compensation Overlaps With Other Insurance]]> https://www.justicelawyers.com/?p=50077 2024-05-29T03:04:14Z 2024-05-29T03:01:38Z What is a Settlement in a Workers’ Compensation Claim? When a worker is injured on the job, they start out with the right to file a claim and appeal any denial of benefits that happens along the way.  The worker may have the right to compensation for permanent impairment and to future benefits beyond when the claim is “closed” and impairment compensation is paid. A settlement is an alternative to exercising these rights and keeping the right to future benefits.  Basically, it is selling back the right to a particular benefit or the right to fight about it. Some settlements involve selling back all of the rights to any future benefits under a claim, others involve selling back everything except the right to payments for medical services. When we sell back a benefit or a right to fight about a benefit through a settlement, we often have obligations to other insurers or agencies that provide public benefits similar to those being settled.

Employer Provided Health Insurance and Workers’ Compensation Benefits

Nearly all health insurance plans include provisions stating that they do not cover treatment for work related injuries, and that if they do, they have a right to be reimbursed if the claim is later settled.  If the worker fails to do so, the health insurer would have a claim against the worker for breach of contract. When we settle future rights to medical services, we are finding it extremely difficult to get a response from some insurers about what they have paid, and what- if anything- they are seeking reimbursement for.  Most insurers now have outside companies handle reimbursement on injury claims.  We start by notifying the health insurer, sometimes multiple times, only to get contact from their vendor several months later asking for the same information about the claim that we have already provided.  It is a frustrating and time consuming process, but we can normally negotiate a reduction on what we have to reimburse if our client can wait that long.  If bills have been paid through health insurance, it often leaves a patient balance that must be paid separately by the worker if they haven’t paid already.

Unemployment and Workers’ Compensation Benefits

Workers who receive unemployment benefits have an obligation to report those to the workers’ compensation insurer if they are asked to do so.  The workers’ compensation insurer gets to credit any amounts paid by unemployment against any wage loss they are otherwise required to pay.  Unemployment does not seek reimbursement, even when a claim is settled. We try to avoid using unemployment benefits while workers’ compensation is being paid, but we often need to use them when the worker reaches maximum medical improvement.  At that point, the insurer may be required to continue paying wage loss, which is later subtracted from the permanent impairment compensation. Once the impairment is said to be permanent by the attending physician, the compensation comes out of the future “award” of compensation for permanent impairment, like an advance.  At that point, it is a good idea to file for unemployment if you are otherwise eligible. One problem we run into is that if a worker is off work for too long, they become ineligible for unemployment.  Their rate based on recent earnings becomes zero.  One way for the worker to get around this is to apply for unemployment as soon as they are released to modified duty and the employer does not offer any.  Even though a worker may not claim benefits each week while workers’ compensation is paying, getting approved can lock in the rate that would be used in the future.

Short/Long Term Disability and Workers’ Compensation Benefits

Some workers have disability coverage that they have purchased on their own, or received from their employer.  The benefits are defined in the contract with the insurer. Most of the time, the contract says that the long/short term disability insurer gets to take credit for any wage loss paid under a workers’ compensation claim, and has a right to reimbursement if benefits have been paid and disputed wage loss in a workers’ compensation claim is later settled. There are some plans that pay benefits in addition to workers’ compensation, so it is a good idea to request a copy of your plan documents so you know whether this will be an issue.

Oregon Health Plan and Workers’ Compensation Benefits

When we settle future medical rights for a worker on the Oregon Health Plan, we are required to notify the State, and check to see if OHP or DHS have paid any benefits that they expect reimbursement for out of the settlement.  The Oregon Health Plan is partially funded by Federal dollars through Medicaid, which means both are reviewing claims for compliance. We are finding that it is now taking 4-8 months to obtain confirmation from the State and negotiate a resolution to their claim.  Yes, you read that correctly.  The State has a massive backlog that is well known to all attorneys who represent injured workers.  If we skip this step, the State has a right to seek reimbursement from the worker and from us.  Because of this risk, we have to do this even in cases where we don’t think OHP paid anything because the claim has been accepted.  It is an unfortunate downside to having coverage under OHP.

Medicare and Workers’ Compensation Benefits

As though there’s not enough aggravation caused by relying on Medicare, one challenge we have in settlement of future medical rights for folks on Medicare is that we have to pay Medicare back for any bills they have paid on the conditions involved, and we also have to consider what they might pay in the future. That means if there’s too much money going to the worker, we have to set some aside to pay medical for these conditions before Medicare pays.  Insurers are required to report settlements to Medicare, and those are coded for a body part.  The doctor’s bills go to Medicare and are flagged if they are related back to the codes in the settlement. If Medicare finds that they paid bills that they believe should have been paid out of the worker’s share of the settlement, they can deny coverage going forward.  They also have a right to recover their losses from our firm, the defense firm, and the insurer for their damages. The more money that goes to the worker, the more formal we have to be about how much to set aside and who is responsible for the accounting.  This makes it difficult to get workers on Medicare a reasonable portion of the settlement proceeds, and is something that both sides have to consider before coming to the table.

Social Security Disability

Social Security Disability treats payments for impairment under workers’ compensation claims as disability payments, and reduces Social Security Disability benefits to offset the disability payments that have been made by workers’ compensation. If we negotiate a settlement, we insert language that divides the amount the worker receives by their remaining life expectancy.  This gives the worker a smaller monthly deduction from their Social Security Disability than the way it is calculated without receiving the money through a settlement with the necessary language.  Workers who receive a lot of wage loss payments under the workers’ compensation claim can be very surprised to learn that those past payments can affect their future disability payments, but there is no way around this.  Receiving the workers’ compensation benefits does not decrease the overall amount that is paid to a disabled worker, but can create a false expectation.

Social Security and Pensions

Fortunately there is no overlap between a worker’s retirement benefits and their workers’ compensation benefits.

Taxes

Workers’ Compensation benefits are not taxable, with the exception of penalty payments.  Insurers often fail to report penalty payments to the IRS, which is fine with us and good for our clients.  If they do, the worker must claim the income on their tax return.]]> On Behalf of Johnson Johnson Lucas & Middleton <![CDATA[Sex Discrimination Lawsuit Filed Against Eugene Police Department]]> https://www.justicelawyers.com/?p=50071 2024-04-26T03:27:08Z 2024-04-26T03:27:08Z On Behalf of Johnson Johnson Lucas & Middleton <![CDATA[Female Student-Athletes File Title IX Sex Discrimination Class Action Against University of Oregon.]]> https://www.justicelawyers.com/?p=49946 2025-06-13T19:44:07Z 2023-12-07T05:26:10Z JJLM Attorney Jennifer Middleton Designated as Local Counsel.
Play Ground
Thirty-two female student-athletes filed a detailed sex discrimination class action over 100 pages long against the University of Oregon today for depriving women of equal treatment and benefits, equal athletic aid, and equal opportunities to participate in varsity intercollegiate athletics in violation of Title IX of the Education Amendments of 1972. The case, filed by twenty-six women’s varsity beach volleyball team members and six women’s club rowing team members in U.S. District Court in Eugene, Oregon, seeks “to hold Oregon accountable for discriminating against all of its female student-athletes and potential student-athletes, make Oregon pay damages to the women it has deprived and is depriving of equal treatment and equal athletic financial aid, and stop Oregon from violating Title IX in the future.” Title IX, a federal civil rights law, prohibits sex discrimination by the University of Oregon and all educational institutions that receive federal funds. The women’s beach volleyball team members “aim to hold Oregon accountable for depriving them and all varsity female student-athletes of equal treatment and equal athletic financial aid in violation of Title IX.” The women’s club rowing team members “seek to hold Oregon accountable for depriving them and all present and future female students at Oregon of equal opportunities to participate in varsity athletics.” “Title IX has been the law for more than fifty years. Oregon needs to comply with it, now,” said Arthur H. Bryant of Bailey & Glasser in Oakland, CA, lead counsel for the women. “Three months ago, The Oregonian exposed the school’s blatant sex discrimination in a front-page investigative report: “Oregon Ducks beach volleyball players detail disparate treatment that experts say could violate Title IX.” But the school refuses to change its ways or even admit there is a problem. It has taught its women athletes what the history of Title IX has shown: If women want equality, they need to fight for it. So that’s what the women at Oregon are doing.” Lead Plaintiff Ashley Schroeder, captain of the women’s varsity beach volleyball team, said, “Based on the way the beach volleyball team has been treated, female athletes at Oregon do not need much food or water, good or clean clothes or uniforms, scholarships, medical treatment or mental health services, their own facilities, a locker room, proper transportation, or other basic necessities. Male athletes are treated incredibly better in almost every respect. This week, we could not practice because, sadly and disturbingly, someone died near the public courts we have to use in Amazon Park. We cannot use the restrooms there because they’re not safe and, sometimes, people are in the stalls using drugs. But the men’s teams have full scholarships, multi-million-dollar budgets, and professional-level, state-of-the-art facilities. I love the University of Oregon, but this hurtful, outrageous sex discrimination has to stop.” The lawsuit cites Oregon’s own data to show the school is depriving women of equal treatment and athletic aid. According to its Equity in Athletics Disclosure Act numbers, verified by Oregon as accurate to the federal government, women are 49% of the student-athletes, but Oregon spends only 25% of its athletics dollars and 15% of its recruiting dollars on them. To make up for the unequal athletic aid it paid its male student-athletes from 2017-18 to 2021-22, the past five years for which data is publicly available, Oregon would have to pay over $4.5 million in damages to its female student-athletes. And the unequal expenditures continue. Plaintiff Elise Haverland, the women’s club rowing team captain, said, “We love this school, but, in addition to treating its women athletes unfairly, it is also depriving us and other women of equal opportunities to participate. Oregon’s own numbers show it needs to add at least 94 varsity women athletes to reach proportionality. That includes a women’s rowing team and more.” “We are proud to represent these courageous women who have decided to stand up and fight for the equality Title IX requires and against the sex discrimination that Title IX prohibits,” said co-counsel Lori Bullock of Bailey & Glasser in Des Moines, Iowa. “These young women did not go to school imagining they would sue their university, but they are committed to fighting for what is right.” The other Plaintiffs in the case are women’s varsity beach volleyball players Zoe Almanza, Jade Bernal, Kendall Clark, Josie Cole, Vivian Donovan, Halli Fields, Siulolovao Folau, Natasha George, Josie Griffiths, Alexandra Haden, Delaney Hopen, Madelyn Lafollette, Alex Laita, Anastasia Lima, Mia Lopez, Dahlia McAllister, Presley McCaskill, Abigail Plevin, Valerie Peterson, Batia Rotshtein, Savannah Siegrist, Alaina Thomas, Ella Tyus, Carly Wallace, and Beatrice Wetton and women’s club rowing team members Claire Daley, Anna Maria Knight, River Ribeiro, Sophia Schmitz, and Sydney Weddle. Local counsel Jennifer Middelton of Johnson Johnson Lucas & Middleton in Eugene, OR, said, “The students have filed this lawsuit to ensure the university follows the law and treats women athletes fairly. It’s time for the University of Oregon to live up to its principles.” Joshua Hammack, Cary Joshi, Laura E. Babiak, and Savanna Jones of Bailey & Glasser in Washington, DC, and Charleston, WV, also represent the women. https://www.usatoday.com/story/sports/college/2023/12/01/university-of-oregon-athletes-title-ix-lawsuit/71764258007/ https://www.oregonlive.com/ducks/2023/12/oregon-beach-volleyball-club-rowingplayers-file-federal-lawsuit-against-university-of-oregon-alleging-violations-of-title-ix.html https://centraloregondaily.com/oregon-ducks-title-xi-lawsuit/ https://www.espn.com/college-sports/story/_/id/39021099/oregon-women-beachvolleyball-suing-title-ix-issues https://www.opb.org/article/2023/12/01/female-athletes-sue-university-of-oregonalleging-title-ix-violations/#:~:text=Sports,Female%20athletes%20sue%20the%20University%20of%20Oregon,IX%20violations% 20by%20the%20school&text=Dec.,treatment%20and%20opportunities%20to%20wome n. https://www.sportico.com/leagues/college-sports/2023/oregon-title-ix-lawsuit-divisionstreet-1234749110/ https://www.on3.com/os/news/oregon-ducks-female-athletes-file-title-ix-sexdiscrimination-class-action-lawsuit-beach-volleyball-rowing/ https://www.dailyemerald.com/news/32-athletes-file-sex-discrimination-lawsuit-againstuniversity-of-oregon/article_cc002e14-9070-11ee-8274-2342048c3901.html https://swimswam.com/oregon-women-bring-title-ix-lawsuit-over-unequal-treatmentlack-of-nil-support/ https://www.theguardian.com/sport/2023/dec/02/university-of-oregon-female-athletestitle-ix-violations https://www.law360.com/sports-and-betting/articles/1772216/title-ix-suit-against-u-oforegon-claims-glaring-inequalities https://www.kezi.com/news/local/32-female-student-athletes-file-sex-discriminationlawsuit-against-university-of-oregon/article_d61131ec-909c-11ee-aa645f64a16ea723.html https://www.klcc.org/education/2023-12-01/uo-women-athletes-sue-alleging-title-ixdiscrimination https://www.kptv.com/video/2023/12/02/female-athletes-sue-university-oregon-allegingtitle-ix-violations-by-school/ https://www.kgw.com/article/sports/female-athletes-sue-university-of-oregon-title-ixviolations/283-0439051a-a5c4-41b6-9563-57a5e9c41921 https://www.youtube.com/watch?v=JHcU3p7Jb88 https://www.whsv.com/video/2023/12/02/female-athletes-sue-university-oregonalleging-title-ix-violations-by-school/ https://wtop.com/sports/2023/12/female-athletes-sue-the-university-of-oregon-allegingtitle-ix-violations-by-the-school/ https://www.registerguard.com/videos/sports/women/2023/12/01/female-athletes-title-ixlawsuit-university-oregon-ducks/71771409007/ https://www.nbcnews.com/news/sports/32-female-university-oregon-athletes-file-title-ixlawsuit-school-rcna127691 https://www.nbcnewyork.com/news/sports/female-athletes-sue-university-of-oregonalleging-title-ix-violations/4913185/?amp=1 https://abc17news.com/ap-national/2023/12/01/female-athletes-sue-the-university-oforegon-alleging-title-ix-violations-by-the-school/ https://www.foxnews.com/sports/oregon-female-athletes-title-ix-lawsuit-school-unfairtreatment https://www.wlox.com/video/2023/12/02/female-athletes-sue-university-oregon-allegingtitle-ix-violations-by-school/ https://www.koin.com/sports/32-female-athletes-sue-the-university-of-oregon-allegingtitle-ix-violations-by-the-school/ https://www.kwch.com/video/2023/12/02/female-athletes-sue-university-oregonalleging-title-ix-violations-by-school/ https://www.newsmax.com/newsfront/oregon-beach-volleyballrowing/2023/12/01/id/1144481/ https://azdailysun.com/female-athletes-sue-university-of-oregon-alleging-title-ixviolations/article_a5f84c4b-4720-5dd9-bc00-ee7ea0a5412a.html https://thehill.com/homenews/ap/ap-sports/ap-female-athletes-sue-the-university-oforegon-alleging-title-ix-violations-by-the-school/ https://www.msn.com/en-ca/sports/other/32-female-athletes-file-lawsuit-against-oregonciting-title-ix-violations/ar-AA1kRaZI https://frontofficesports.com/new-lawsuit-could-decide-whether-nil-is-subject-to-title-ix/ https://clutchpoints.com/oregon-womens-sports-teams-file-title-ix-case-targeting-nilcollectives https://www.outkick.com/oregon-womens-athletes-suing-university-for-title-ix-violationsover-nil-money-distribution/ https://www.uppermichiganssource.com/video/2023/12/02/female-athletes-sueuniversity-oregon-alleging-title-ix-violations-by-school/ https://www.theepochtimes.com/sports/female-athletes-sue-the-university-of-oregonalleging-title-ix-violations-by-the-school-5538706 https://www.gazettextra.com/sports/national/female-athletes-sue-the-university-oforegon-alleging-title-ix-violations-by-the-school/article_160ff5d7-536a-598e-b5fe5c6133edd23e.html https://www.dailymail.co.uk/sport/othersports/article-12815725/Oregon-Title-IX-lawsuitNCAA.html https://twitter.com/daniellibit?lang=en https://twitter.com/DarrenHeitner https://twitter.com/on3nil?lang=en https://www.youtube.com/watch?v=hsjwB0LzL7A ]]> On Behalf of Johnson Johnson Lucas & Middleton <![CDATA[JJLM recovers $317,353 in damages for discrimination against nonbianary student by Albany Public School District]]> https://www.justicelawyers.com/?p=49940 2023-11-02T09:41:09Z 2023-11-02T09:41:09Z https://www.opb.org/article/2023/09/25/albany-oregon-oak-grove-schools-education-discrimination-nonbinary-lawsuit/ https://www.washingtonpost.com/nation/2023/09/28/oregon-nonbinary-student-jury-award/ https://democratherald.com/news/local/education/jury-finds-gaps-discriminated-against-student/article_0e66e286-5d20-11ee-a4f0-33a01ccdbc53.html#tracking-source=home-top-story]]> On Behalf of Johnson Johnson Lucas & Middleton <![CDATA[We are proud to announce that JJLM attorney Jennifer Middleton will co-counsel with Arthur H. Bryant of Bailey & Glasser, LLP on this important case]]> https://www.justicelawyers.com/?p=49852 2023-09-04T09:45:18Z 2023-09-04T09:44:56Z Lawyers request meeting with University of Oregon president regarding ‘discrimination against women athletes’ - oregonlive.com]]> On Behalf of Johnson Johnson Lucas & Middleton <![CDATA[Jury Verdict For Plaintiffs In Class Action Lawsuit Against Pacificorp]]> https://www.justicelawyers.com/?p=49840 2023-09-07T22:34:28Z 2023-06-26T12:26:47Z On Monday, June 12, a Multnomah County jury reached a verdict against PacifiCorp for four devastating fires that swept across Oregon on Labor Day 2020. The jury found PacifiCorp responsible for the harm it caused to the 17 named plaintiffs—or “class representatives”—as well as to the broader class of approximately 5,000 individuals harmed by those fires. The verdict was delivered after a seven-week class action trial.
The jury found PacifiCorp acted negligently, grossly negligently, recklessly, and willfully as to the plaintiffs and the entire class, and directed PacifiCorp to pay between $3 million and $5.5 million in compensation to each of the named plaintiffs—totaling compensatory damages of more than $70 million. On Wednesday the same jury added punitive damages of .25 times the compensatory damages for each named plaintiff and for the class members for an additional $17,000,000 to the named plaintiffs. The .25 punitive damages multiplier will also apply to the class.
This verdict is believed to be the first time a jury has found a utility company liable to property owners in a case. When factoring in the damages available to the class, it would be the largest civil jury verdict in Oregon history.
Plaintiffs and the class are represented by Lead Counsel: Stoll Berne, Keller Rohrback LLP, and Edelson PC. Johnson Johnson Lucas and Middleton, PC, represents plaintiffs in the Santiam Canyon.
The trial team in the courtroom included attorneys Cody Berne, Tim Dejong, Emily Johnson, Mathew Preusch, Natida Sbribhibhadh, Daniel Mensher, Nick Rosinia, Patrick Ntchobo, Derek Johnson, and Marilyn Heiken. Also critical to our success was litigation support specialist Wes Mueller.
]]> On Behalf of Johnson Johnson Lucas & Middleton <![CDATA[Former Cottage Grove Police Officer settles sex discrimination claim for $100,000]]> https://www.justicelawyers.com/?p=49784 2024-09-13T12:50:29Z 2023-04-13T06:42:50Z Former Cottage Grove Police Officer settles sex discrimination claim for $100,000 Officer Iboa Pierce was hired by the Cottage Grove Police Department as a patrol officer in April 2021. She was one of only two female officers in the Department, and the only female trainee. Almost immediately, Officer Iboa Pierce began experiencing differential, sex-based treatment. She was denied the standard swearing-in ceremony at City Hall. She was repeatedly scrutinized and criticized for the “fit” of her uniform because, she was told, it made her look “too feminine.” She was shuffled from one training officer to another, which made it difficult for progress in training. These were just a few of the ways in which Officer Iboa Pierce was treated differently and denied the opportunities afforded to her male colleagues. She was then fired for “not cutting it” as an officer, despite the fact that she was equal in aptitude and potential to other trainees. Officer Iboa Pierce filed a tort claims notice with the Cottage Grove Police Department informing it of her intent to sue for damages. She has now settled her case. See the Chronicle article for more information. We are proud to have been able to work with Ms. Iboa Pierce in her fight for justice.  
If you believe that your employer is discriminated against you based on sex, we may be able to help. Please contact us.
]]> On Behalf of Johnson Johnson Lucas & Middleton <![CDATA[$2.9M suit filed on behalf of volunteer EMT injured by negligent ATV operator]]> https://www.justicelawyers.com/?p=49547 2022-10-27T07:24:29Z 2022-10-27T07:23:01Z ]]> On Behalf of Johnson Johnson Lucas & Middleton <![CDATA[JJLM Settles Suit Against Hellgate Jetboats]]> https://www.justicelawyers.com/?p=49519 2022-10-10T10:05:54Z 2022-10-06T05:29:44Z  

Hellgate Jetboats

]]> On Behalf of Johnson Johnson Lucas & Middleton <![CDATA[Baker City School District settles retaliation lawsuit for $200,000]]> https://www.justicelawyers.com/?p=49254 2022-05-11T14:21:31Z 2022-05-11T14:21:31Z Baker City School District pays mother and daughter $200,000 to settle retaliation lawsuit.

Katrina Fast was a sophomore at Baker High School and a star volleyball player when, she and her mother, Roberta Fast, reported that girls’ volleyball coach Warren Wilson was  sexually harassing female athletes. Wilson was a favorite, who also coached boys’ baseball, and local administrators took no action. When the Fasts pursued the matter up  to the Superintendent’s Office, an outside investigator verified the reports and the District fired Wilson. Baker High School then retaliated by refusing to address bullying perpetrated by other students against Katrina Fast and by removing her from the varsity volleyball team. Katrina Fast was ultimately forced to transfer to another school.

The Fasts sued the Baker City School District for violating their rights under Title IX, the First Amendment to the United States Constitution, and Oregon law the prohibits discrimination and retaliation in state-funded educational programs. Earlier this month, after two years of litigation and on the brink of trial, JJLM secured a $200,000 settlement for the Fasts. See the article in the Baker City Herald for more information. We are proud to have been able to work with these brave individuals in their fight for justice.

If you believe that you are being retaliated against for reporting sexual harassment, the attorneys at [nap_names id="FIRM-NAME-1"] may be able to help. Please contact us at your convenience.

]]>