Fall 2007 SBH Quarterly Newsletter
PDF FormatOregon Workers' Compensation: Court Decisions
Prior compensable out-of-state injuries may be considered as preexisting conditions.
The Court of Appeals rejected a worker’s argument that a prior out-of-state compensable injury should not be considered a preexisting condition. The court reasoned that under the plain language of ORS 656.005(7), a worker’s out-of-state injury qualifies as an injury and is not one of the conditions excluded under the definition. Kirby v. SAIF, 214 Or App 123 (July 11, 2007). It is important to check ISO Claims Index History to identify all potential prior claims.
Audiogram that did not meet regulation standards was deficient to offset hearing loss PPD award.
Liberty Northwest attempted to use an undated baseline audiogram that did not have information on how the audiogram was calibrated or whether the worker was away from noise for 14 hours prior to the audiogram to offset hearing loss sustained prior to occupational exposure. The court found the audiogram did not comply with OAR 436-035-0250. Liberty v. Norton, 213 Or App 530 (June 27, 2007).
Worker awarded a chronic condition PPD award despite absence of any objective physical findings by arbiter.
A medical arbiter found the worker was significantly limited in his ability to repetitively use the cervical and lumbar spine regions. The court held the conclusion by the medical arbiter was an objective finding supporting the chronic award despite the absence of any documented objective physical findings. SAIF v. Ramirez, 213 Or App 321 (June 13, 2007).
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