Representative Cases

Claimant Requested That Employer Expand The Scope Of Two Claim Acceptances, Each Relating To A Separate Employment- Related Back Injury

Klutsenbeker v. Jackson County 185 Or App 96, 57 P3d 925 (Or. App. 2002) 57 P.3d 925 185 Or.App. 96 In the Matter of the Compensation of Charles F. Klutsenbeker, Jr., Claimant. Charles F. KLUTSENBEKER, Jr., Petitioner, v. JACKSON COUNTY, Respondent. 98-06559, 98-04553, 97-07040; A112885. Court of Appeals of Oregon. Argued and Submitted October 12, … Read more

Conflicting Medical Opinions As To Whether Claimant’s Recurrent Neck And Shoulder Pain Resulted In Major Part From An Earlier Compensable Injury

Jackson County v. Wehren 186 Or App 555, 63 P3d 1233 (Or. App. 2003) 63 P.3d 1233 186 Or. App. 555 In the Matter of the Compensation of Christopher J. Wehren, Claimant. JACKSON COUNTY, Petitioner, v. Christopher J. WEHREN, Respondent. 00–01486; A114211. Court of Appeals of Oregon. Argued and Submitted October 30, 2002. Decided February … Read more

If an insurer or self-insured employer unreasonably delays or unreasonably refuses to pay compensation, or unreasonably delays acceptance or denial of a claim, the insurer or self-insured employer shall be liable for an additional amount up to 25 percent

In re Icenhower 3 P.3d 431, 180 Or.App. 297 (Or. App. 2002) In the Matter of the Compensation of Lushana K. Icenhower, Claimant Lushana K. ICENHOWER, Petitioner, v. SAIF CORPORATION and S & S Sheetmetal, Inc., Respondents. 98-10087; A110770 Court of Appeals of Oregon, In Banc Argued and Submitted Feb. 26, 2001 Resubmitted en banc … Read more

Did employer, in accepting “low back disability,” accept a condition separate from the “low back strain,” or does the phrase “low back disability” simply modify or clarify the preceding phrase?

Hill v. Qwest 178 Or App 137, 35 P3d 1051 (Or. App. 2001) 35 P.3d 1051 178 Or. App. 137 In the Matter of the Compensation of Robert E. Hill, Claimant. Robert E. HILL, Petitioner, v. QWEST, Respondent. 00-00088; A112816 Court of Appeals of Oregon. Argued and Submitted August 24, 2001. Decided November 14, 2001. … Read more

Emergency Medical Technician Tests positive for Tuberculosis. It was medically probable that his exposure to TB occurred on the job.

E. DUARTE v. SAIF Corporation 41 P.3d 458, 179 Or. App. 737 (Or. App. 2002) In the Matter of the Compensation of George E. Duarte, Jr., Claimant. George E. DUARTE, Jr., Petitioner, v. SAIF CORPORATION and Mercy Flights, Inc., Respondents. 00-03067; A114242 Court of Appeals of Oregon. Argued and Submitted January 28, 2002. Decided February … Read more

Claimant is on-call emergency medical technician that was exposed to hazardous chemicals when she stopped to report automobile accident

American Medical Response V Pearlene Gavlik 294 Argued and submitted May 14, affirmed August 20, 2003 In the Matter ofthe Compensation of Pearlene Gavlik, Claimant. AMERICAN MEDICAL RESPONSE, Petitioner , v. Pearlene GAVLIK, Respondent. 01-00383; All8712 76 P3d 117 Judicial Review from Workers’ Compensation Board. Jerald P. Keene argued the cause and filed the briefs … Read more