Winter 2009 SBH Work Comp Quarterly
PDF FormatOregon Workers' Compensation: Oregon Court Decisions
For conditions sustained during treatment of a compensable injury, the context of treatment is crucial to determine compensability.
In determining whether to accept or deny an expansion request, you need to determine what the standard of proof is in order to make a proper determination. A material cause is a very low threshold to meet, whereas major cause is a much higher standard of proof.
Current Board cases provide a guide to determining the proper standard of proof for conditions that are sustained during treatment for a compensable condition. Conditions sustained during independent medical examinations, physical capacities exams and medical arbiter exams only need to meet the material cause standard. Robinson v. Nabisco, Inc., 331 Or 178 (2000), Getz v. Wonder Bur, 183 Or App 494 (2002) and McAleny v. SAIF, 191 Or App 105 (2003). In contrast, the Board has recently held new conditions sustained during necessary and reasonable treatment, including work hardening programs or vocational rehabilitation work conditioning programs, must meet the major contributing cause standard. Amelia A. Westling, 60 Van Natta 3295 (2008); David M. Poe, 60 Van Natta 3323 (2008).
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