Spurger v. SAIF

Under OAR 436-035-0019(l)(i), “chronic condition impairment” occurs when a worker is significantly limited in the repetitive use of a body part. “significant impairment” includes those injuries which create important and meaningful limitations on the use of that body part. Godinez v. SAIF, 269 Or App 578, 346 P3d 530 (2015).

Claimant challenged the Workers Compensation Board’s ruling that she did not qualify for an award of five percent impairment for a chronic medical condition. Claimant assigns error to the board’s interpretation of OAR 436-035-0019(l)(i). On appeal, claimant argues that that board’s order does not explain why her hip injury which prohibited her from squatting, walking long distances, or standing for long periods of time was not “important” nor “meaningful” enough to constitute a chronic medical condition. In response, defendant argues that defendant’s injury only limits one specific motion and is, therefore, neither “important” nor “meaningful. Under OAR 436-035-0019(l)(i), “chronic condition impairment” occurs when a worker is significantly limited in the repetitive use of a body part. “significant impairment” includes those injuries which create important and meaningful limitations on the use of that body part. Godinez v. SAIF, 269 Or App 578, 346 P3d 530 (2015). The Court of Appeals held that claimant’s injuries met the standard of OAR 436-035-0019(l)(i) because the limitations caused by her hip injury were significant impairments that caused meaningful limitations. Reversed.