Jewell v. SAIF

When a condition causing the claimant’s symptoms establishes that the condition developed gradually over time, the claimant has not experienced an injury, and the claim must be analyzed as an occupational disease. Luton v. Willamette Valley Rehabilitation Center, 272 Or App 487, 490, 356 P3d 150 (2015)

Claimant sought review of an order of the Workers’ Compensation Board upholding SAIF’s denial of her injury claim for medical services for a left elbow condition. Claimant assigned error to the Board’s quick determination of Claimant’s “condition,” without first determining whether it was compensable as an injury. On appeal, Claimant argued that the board made a quick decision without first determining whether it was an injury and despite the underlying condition of her symptoms, the work event constituted an injury, as defined in ORS 656.005(7)(a), and that the board only looked at the cause of her symptoms instead of the work injury. In response, Employer argued that the medical evidence supported the board’s findings that Claimant’s symptoms were caused by preexisting conditions in her elbow and shoulder. When a condition causing the claimant’s symptoms establishes that the condition developed gradually over time, the claimant has not experienced an injury, and the claim must be analyzed as an occupational disease. Luton v. Willamette Valley Rehabilitation Center, 272 Or App 487, 490, 356 P3d 150 (2015) The Court of Appeals held that the medical evidence presented supported the board’s determination that Claimant’s symptoms were due to a preexisting condition and the incident at work was not the major cause of the need for treatment. Affirmed.