Guill v. M. Squared Transportation, Inc.

Under ORS 656.005(7), “truly unexplained” injuries are considered arising out of employment as a matter of law.

Guill appealed a Workers’ Compensation Board decision denying his claim for workers’ compensation benefits after inexplicably fainting during his truck driving job. Guill challenged the Board’s conclusion that his unexplained fainting episode did not constitute a “compensable injury . . . arising out of . . . employment” within the meaning of ORS 656.005(7). The Court held Guill’s fainting was a “harm, damage or hurt” requiring medical services, and therefore qualified as an “injury” under ORS 656.005(7)(a). Furthermore, the Court held all “truly unexplained” injuries, as a matter of law, are considered “arising out of . . . employment” under ORS 656.005(7)(a). An injury being “truly unexplained” is a question of fact, and here the parties stipulated medical services could not ascertain the source of Guill’s fainting. As such, Guill’s injury was “truly unexplained” and “[arose] out of . . . employment” as a matter of law. Reversed and remanded.