Estrada v. Federal Express Corp.

“A worker may give notice [of a work-related accident to the employer] within one year after the date of the accident in some circumstances, including when the worker established that he or she had ‘good cause’ for failing to give notice within 90 days.” ORS 656.265(4)(c).

Claimant appealed an order of the administrative law judge affirming the worker’s compensation board’s dismissal of his worker’s compensation claim for failing to establish “good cause” for not reporting his injury within the required 90-day period. Claimant assigned error to the board’s finding that “good cause” could not be found when there is a disjunction and claimant could pinpoint the date of the injury but not the date that he was injured. On judicial review, claimant argued that the “law of the case” doctrine was violated when the board found claimant had not produced significant evidence to support his “good cause” claim extension. In response, the board argued that not only did claimant fail to establish that he was unaware of the injury within the allotted 90-day period, but that a “reasonable worker” in his position would have found it appropriate to report the injury within the 90-day period. (Relevant portion of) ORS 656.265. “A worker may give notice [of a work-related accident to the employer] within one year after the date of the accident in some circumstances, including when the worker established that he or she had ‘good cause’ for failing to give notice within 90 days.” ORS 656.265(4)(c). The court held that Claimant might not have initially released he was injured, but within the increasing intensity of the symptoms, a reasonable person would have become aware of such injury within the 90-day deadline and would have concluded that workers’ compensation liability was possible, requiring notice to the employer. Affirmed.