SAIF v. DeMarco

Under ORS 656.005(7)(a)(A), a new/omitted condition is compensable if the major contributing cause of that consequential condition is a compensable injury.

SAIF appealed a decision by the Workers’ Compensation Board (the Board) overturning SAIF’s denial of a new/omitted medical condition request by Claimant. While at work, two shower doors dropped on Claimant’s foot, fracturing and bruising the foot, causing significant swelling. SAIF accepted Claimant’s injury as compensable. After closure of the claim, Claimant’s injury worsened, he was diagnosed with cellulitis and went to the ICU for renal and respiratory failure, and sepsis of the leg. Claimant’s leg was amputated below the knee. Subsequently, Claimant requested coverage for the treatment as a new/omitted condition. Based on expert medical opinion that the major contributing cause of the infection-related condition was the swelling from the original injury, the ALJ determined that Claimant’s condition was compensable. The Board affirmed. On review, the Court determined that the Board made a reasonable decision in concluding that the major contributing cause of Claimant’s infected-related conditions was the original, compensable injury. Therefore, the Court affirmed the Board’s decision overturning SAIF’s denial of compensation for the new/omitted conditions. Affirmed.