Federal Express Corp. v. Estrada

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Employment Law
  • Date Filed: 12-09-2015
  • Case #: A153964
  • Judge(s)/Court Below: Hadlock, J. for the Court; Sercombe, P.J.; and Tookey, J.
  • Full Text Opinion

Under ORS 656.265(4)(c), the employee must know that he or she has been injured and have good cause for not reporting within the 90 day period.

Employee was injured in April, but thought it was just soreness until September when employee sought medical treatment. Once employee knew what was wrong, employee immediately attributed the injury to the April incident at work and reported it. The employer denied workers compensation after rejected the ALJ's determinations based on the fact that employee reported the injury after the 90-day period. The employee challenged this finding that he knew of the injury in April. The Court held that the board's legal conclusion included inconsistent factual findings and did not include a rational explanation leading to a lack of substantial reason. Reversed and remanded.

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