Vaughn v. Marion County

Where the Historical Facts Reasonably Support a Finding of the Worker’s Compensation Board, then Such a Decision Falls under the Board’s Discretion under ORS 656.802(3)(b).

The Worker’s Compensation Board upheld Marion County’s denial of an occupational disease claim for post-traumatic stress disorder (PTSD) by Vaughn, who had been employed by Marion County. The board concluded found that the workplace team meeting, investigation, and interview that Vaughn contends caused her PTSD were “reasonable disciplinary [or] corrective actions” by the county, thereby, under ORS 656.802(3)(b), rendering her PTSD noncompensable. On appeal, Vaughn contends that determination was erroneous for multiple reasons, but the parties did not contest the board’s findings of historical fact. The Court of Appeals, therefore, took the facts from the board’s order, supplemented with consistent facts, as necessary, from the record. SAIF v. Tono, 265 Or App 525, 526 n 1 (2014). The Court of Appeals was not able to conclude that the board’s judgment about the reasonableness of the county’s actions fell outside the limits of the board’s discretion under ORS 656.802(3)(b), since it was undisputed in the historical fact that Marion county undertook the investigative actions because of Vaughn’s inconsistent statements. Affirmed.