Johnson-Chandler v. The Reed Institute

“Good cause” is evaluated on a reasonable worker standard; if the worker knew enough facts that a reasonable worker could conclude that worker’s compensation liability was a reasonable possibility then notice to the employer would be appropriate. Juan Estrada, 69 Van Natta 71, 74 (2017).

Claimant’s work injury claim was rejected by the Workers’ Compensation Board because he was not found to have “good cause” for failure to file notice with his employer as required under ORS 656.265(4)(c) within 90 days. “Good cause” is evaluated on a reasonable worker standard; if the worker knew enough facts that a reasonable worker could conclude that worker’s compensation liability was a reasonable possibility then notice to the employer would be appropriate. Juan Estrada, 69 Van Natta 71, 74 (2017). The Court reasoned that Claimant was aware of the continuance of symptoms within the 90-day period and that knowledge was insufficient to show “good cause” for delayed notice. The Court found the Board likely considered whether a reasonable worker would have gone to the doctor and refrained from using their own discretion. Affirmed.