- Court: Oregon Court of Appeals
- Area(s) of Law: Workers Compensation
- Date Filed: 06-13-2012
- Case #: A146996
- Judge(s)/Court Below: Hadlock, J. for the Court; Ortega, P. J.; and Sercombe, J.
- Full Text Opinion
Schleiss sought review of decision of the Workers' Compensation Board (WCB) that granted him 5% permanent partial disability (PPD) for a compensable back injury. The WCB based the decision on a medical arbiter's finding that this compensable condition was a partial cause of Schleiss losing range of motion. The loss of range of motion was also caused by a noncompensable degenerative disease and a history of smoking. Schleiss argued that WCB erred by dividing his disability between the compensable and noncompensable conditions under OAR 436-035-0013 (2009). The Court of Appeals held that OAR 436-035-0013 allows for the distribution of PPD benefits only to workers whose disability was caused by a compensable condition and apportionment is not precluded where the compensable injury did not worsen the noncompensable condition. Affirmed.