Fred Meyer Stores, Inc. v. DeBoard

Under ORS 656.266(2)(a), the burden of proving that an injury or occupational disease is on the worker, and once a worker establishes an otherwise compensable injury, the employer bears the burden of proof to establish that the injury is not a major contributing cause of the disability.

Fred Meyer Stores, Inc. appealed an insurance board holding that set aside Fred Meyer's denial of DeBoard's worker's compensation request.  Fred Meyer Stores, Inc. assigned error to the finding that DeBoard's later new/omitted medical condition claim was not barred by issue preclusion.  Fred Meyer argued that the board's interpretation of the order disposing of the first new/omitted condition claim was reasonable.  Under ORS 656.266(2)(a), the burden of proving that an injury or occupational disease is on the worker, and once a worker establishes an otherwise compensable injury, the employer bears the burden of proof to establish that the injury is not a major contributing cause of the disability.  The Court held that the compensability of the claim, originally based on the now reversed Brown v. SAIF, 262 Or App 640, 325 P3d 834 (2014), required reconsideration to determine the compensability "under the standard described in the Supreme Court's opinion."  Reversed and remanded.