- Court: Oregon Court of Appeals
- Area(s) of Law: Workers Compensation
- Date Filed: 10-12-2016
- Case #: A155778
- Judge(s)/Court Below: Garrett, J. for the Court; DeVore P.J.; & Schuman S.J.
- Full Text Opinion
Petitioners, SAIF Corporation and Baker County School District, sought to reverse the Workers’ Compensation Board's (Board) conclusion that Claimant proved compensability of a “new medical or omitted medical condition” under ORS 656.267. Petitioners assigned error to the Board exceeding its role as a fact finder given by statute. Claimant argued that while he did not get examined in order to get diagnosis, the decision was harmless because the Board made its own medical conclusion about causation. Under the substantive evidence standard, the Court found the Board's evidence inconsistent with its decision and the error was not harmless. Vacated and remanded.