- Court: Oregon Supreme Court
- Area(s) of Law: Workers Compensation
- Date Filed: 04-21-2022
- Case #: SC S068208
- Judge(s)/Court Below: Nelson, J. for the Court; Walters, C.J.; Balmer, J.: Flynn, J.; Duncan, J.; Nelson, J.; Garrett, J.; & Nakamoto, S.J. pro tempore
- Full Text Opinion
Claimant appealed an order from the Workers’ Compensation Board. Claimant assigned error to the insurer’s calculation of her impairment award for permanent partial disability. Claimant argued that under ORS 656.214, an injured worker is entitled to compensation for the full measure of impairment resulting and due in material part to the compensable injury, including any impairment caused from a denied condition, if any. SAIF argued that the definition of impairment does not include any loss caused by a denied condition because it is not caused by a "compensable industrial injury.” ORS 656.214(1)(a) defines “impairment” as “the loss of use or function of a body part or system due to the compensable industrial injury.” ORS 656.214(1)(a). The Court found that an employer can only apportion awards if there is an exception to the general rule that a claimant is entitled to the full measure of impairment. The Court agreed with Claimant that ORS 656.214 grants an injured worker compensation for all impairment resulting from the compensable injury, and resulting in material part from the compensable injury, and that SAIF did not apportion the award following a limited exception; therefore, Claimant was entitled to the full measure of her impairment. Affirmed.