Kraai v. Bur. of Fire and Police Dis. & Ret. Fund

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Disability Law
  • Date Filed: 10-15-2014
  • Case #: A149516
  • Judge(s)/Court Below: Ortega, P.J. for the Court; Sercombe, J.; & Hadlock, J.
  • Full Text Opinion

Under the Fire and Police Disability and Retirement Fund Rule (FPDR) § 5.7.03(D), a disability claim for an aggravated injury must be submitted within 30 days of objective findings of medical evidence or an expert medical opinion indicating the worsening of the prior work injury.

The City of Portland Bureau of Fire and Police Disability and Retirement Fund (the fund) appealed the reviewing court’s decision to set aside their denial of disability benefits. Robert Kraai was injured in 1985 while performing his job for the City of Portland Fire and Rescue. In January of 2009, Kraai met with a doctor because he suspected an aggravation of this injury, but it was not until August that the doctor confirmed his suspicion. Within 30 days of this August appointment, Kraai submitted his disability claim. The fund denied the disability claim, holding that the “claim was not filed within 30 days of [claimants] of the alleged injury or illness as required by Section 5.7.03 of the . . . Administrative Rules.” The fund held that the time limit began in January because this was the first date of medical treatment. The Court interpreted the 30-day limitation rule to begin accruing when there is either objective findings of medical evidence or an expert medical opinion indicating the worsening of the prior work injury. The Court held that the fund failed to prove the reviewing court erred in setting aside the fund’s denial of benefits. Affirmed.

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