- Court: Oregon Court of Appeals
- Area(s) of Law: Workers Compensation
- Date Filed: 10-15-2014
- Case #: A150352
- Judge(s)/Court Below: Garrett, J. for the Court; Ortega, P.J.; and DeVore, J.
- Full Text Opinion
Claimant Lisa Davis-Warren (Claimant), a flight attendant for Horizon Air Industries, Inc. (Horizon), suffered dizziness, nausea, and breathing difficulties as a result of failure of the plane cabin to fully pressurize during a flight on which Claimant was working. After landing, Claimant took a flight home rather than work her next scheduled flight. Claimant proceeded to a hospital where a doctor determined Claimant’s symptoms may have been caused by the cabin pressure changes and ordered a test of pressure by way of hyperbaric treatment to aid in identifying whether Claimant had decompression sickness. Horizon denied Claimant’s claim for workers’ compensation benefits; the denial was upheld by an ALJ after a hearing, on the basis that Claimant did not suffer a compensable injury because the ALJ found there was no possibility, under the circumstances, that Claimant would develop a medical condition. The workers’ compensation board reversed, concluding that Claimant was not required to prove a diagnosable medical condition, and that the hyperbaric treatments prescribed had a diagnostic purpose because there exists no diagnostic standard for compression sickness. The Court held Claimant only had to show that the hyperbaric chamber treatments were a required medical service arising out of a workplace injury to show a compensable injury had occurred. Additionally, the Court held that medical services include diagnostic procedures or prophylactic treatment, not only those medical services directed toward the cure of a diagnosed medical condition. Affirmed.