SAIF v. Kelkay

“If a ‘facially nonspeculative idiopathic explanation [for an injury]’ is apparent on the record, . . . the claimant bears the burden of production and persuasion to show that [the] explanation is, in fact, speculative.” Sheldon v. US Bank, 364 Or 831, 847 (2019).

While waiting in line for an employer required vaccination, the 85 year old Claimant fainted, fell, and sustained substantial injuries. The Workers’ Compensation Board found that the Claimant rebutted various nonspeculative causes for the injury, which was thus compensable.

When an individual, in the course of their employment, suffers an unexplained injury which may have been caused by an underlying medical condition, the record is reviewed for a “facially nonspeculative idiopathic explanation” (idiopathic: a “preexisting physical weakness or disease that contributes to the [injury]”). Sheldon, 364 Or at 833 n 1, 847. Should such an explanation appear, the claimant must then present evidence showing that the facially nonspeculative explanation is, in fact, speculative.

The Claimant’s treating physician opined that the fall’s potential idiopathic causes were, “individually and collectively, speculative.” The Court considered that statement to be substantial evidence supporting the board’s findings that Claimant had met their burden, and the injury was thus compensable.

Further, the Court disagreed with Respondent’s argument that fainting only gives rise to compensability when caused by a work condition, because the Sheldon methodology presumes that some unexplained incidents of fainting will be classified as neutral (compensable) risks.