Deschutes County v. Leak

OAR 436-035-0400 (2018) requires an evaluation of the worker’s permanent condition, specifically including the effects of the permanent changes on activities of daily life and deterioration in work settings, not merely the worker’s current symptoms at the time of claim closure.

Employer sought judicial review of the Workers’ Compensation Board’s order, which awarded claimant benefits under his claim for post-traumatic stress disorder (PTSD). Employer assigned error to the board’s classification of impairment and classification of claimant’s job at the time of injury as “deputy sheriff.” Employer argued that the Board’s order depends on an unreasonable construction of OAR 436-035-0400 because it considered the possibility of worsened symptoms if Claimant were to return to his job of injury. Respondent argued that the Board correctly made the classification after interpreting the medical evidence. OAR 436-035-0400 (2018) requires an evaluation of the worker’s permanent condition, specifically including the effects of the permanent changes on activities of daily life and deterioration in work settings, not merely the worker’s current symptoms at the time of claim closure. The Court reasoned that the Board’s classification of Class 2 level of impairment was correct because it relied on Dr. Thibert’s opinion regarding the probability that Claimant would expierence deterioration upon returning to work. Affirmed.