Griffin v. Dish Network Services

Pursuant to ORS 656.266(2), “for the purpose of ‘combine condition’ injury claims under ORS 656.005(7)(a)(B) only: ‘(a) Once the worker establishes an otherwise compensable injury, the employer shall bear the burden of proof to establish the otherwise compensable injury is not, or is no longer, the major contributing cause of the combined condition or the major contributing cause of the need for treatment of the combined condition.’”

Claimant sought review of an order by the Workers’ Compensation Board (“Board”) who upheld a notice of closure awarding claimant temporary disability benefits but no benefits for permanent impairment or work disability. On appeal, Claimant argued that the requirement of filing a “new or omitted medical condition” claim would have forced him to relitigate a matter already dealt with, which was the compensability of a “combined condition” claim. In response, the Board argued that Claimant did not “seek clarification or acceptance of an omitted condition” when the order was entered and as such could not claim “low back strain” as a compensable injury on top of the “combined condition” that was already found. Pursuant to ORS 656.266(2), “for the purpose of ‘combine condition’ injury claims under ORS 656.005(7)(a)(B) only: ‘(a) Once the worker establishes an otherwise compensable injury, the employer shall bear the burden of proof to establish the otherwise compensable injury is not, or is no longer, the major contributing cause of the combined condition or the major contributing cause of the need for treatment of the combined condition.’” The Court concluded that based on medical findings Claimant could not claim permanent impairment or work disability because there was substantial evidence to support the fact that there was “zero permanent impairment” from the “lower lumbar strain” injury, which was the only valid injury related to the worker’s compensation claim.  

Affirmed.