Intel Corp. v. Batchler

Under ORS 656.268(10) and ORS 656.340(12), with each accepted claim for a work-compensable injury, an injured worker must be compensated for a minimum of 16 months, and may also be compensated for a maximum of 21 months with agreement from a self-insured employer.

Intel Corp. (Intel) appealed an order from the Workers’ Compensation Board awarding temporary disability compensation for Batchler covering the time during which Batchler was actively involved in an Alternative Training Program (ATP). Batchler developed an occupational disease while working for Intel and was subsequently compensated for the injury, and provided with an ATP. During Batchler’s transition training for a new occupation, Batchler developed an entirely separate condition and was awarded compensation and recommended for a separate ATP. Employer did not pay the statutorily required temporary disability compensation for the second injury, and argued before the ALJ and the Workers’ Compensation Board that Batchler’s compensation was only available during the pendency of the first injury—the statutorily required 16 months at minimum, 21 months at maximum. However, when read together with a corresponding statute, the Court held that there was no preclusion from compensation for a secondary injury and that the statutorily required compensation begins tolling anew with each new injury. Thus, with each accepted compensable injury, a claimant must be compensated for a minimum of 16 months, and may also be compensated for a maximum of 21 months with agreement from a self-insured employer. Affirmed.