August 2006 SBH Quarterly Newsletter
PDF FormatOregon Court of Appeals WC Case Law Update
Riding a motorcycle deemed to be a recreational activity.
The Oregon Supreme Court recently affirmed the Court of Appeals decision in
Roberts v. SAIF, 341 Or 48 (June 15, 2006). The court agreed riding a
motorcycle at a car dealership is a recreational activity primarily for the
purpose of personal pleasure and removes the worker from the course of
employment. The court defined primarily as principally or fundamentally and
concluded the fundamental or principal reason the car salesman was riding
the motorcycle was personal. Had the worker not stipulated to the finding
the activity served no business purpose, the case may have been decided
differently.
Medical opinion based on worker’s report of subjective complaints
constitutes objective worsening for an aggravation claim.
The court recently found the worker’s complaints of pain, numbness, and loss
of grip strength constituted evidence of a worsening and was sufficient for
the worker to prevail an on aggravation claim. Reasoning that a worker’s
subjective complaints are objective if the symptoms are verifiable,
measurable, or observable, the court found a doctor may properly rely on the
worker’s report of such symptoms in forming a medical opinion. In Merle West
Medical Center v. Parker, 207 Or App 24 (July 19, 2006), the physician
relied on the worker’s subjective report of decreased grip strength but
never performed grip strength testing. The worker also complained of
increased pain and numbness. The court held the physician’s reliance on the
worker’s subjective complaints despite the absence of testing was adequate
to prove an actual worsening of the compensable carpal tunnel syndrome.
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