Vantassel v. SAIF

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Workers Compensation
  • Date Filed: 03-16-2017
  • Case #: A156798
  • Judge(s)/Court Below: Sercombe, P.J. for the Court; Hadlock, C.J.; & Tookey, J.
  • Full Text Opinion

Under ORS 656.005(24)(c), a condition merely renders a worker more susceptible to injury if the condition increased the likelihood that the affected body part would be injured by some other action or process but did not actively contribute to damaging the body part.

Claimant sought review of an order of the Workers’ Compensation Board upholding SAIF’s denial of an injury claim for an injury that occurred when Claimant stepped out of a truck at work. Claimant contended that the Board erred in determining that the claim was not compensable because Claimant’s two previous injuries and surgeries were the major contributing cause of Claimant’s need for treatment and the work incident merely rendered Claimant more susceptible to injury. Under ORS 656.005(24)(c), a condition merely renders a worker more susceptible to injury if the condition increased the likelihood that the affected body part would be injured by some other action or process but did not actively contribute to damaging the body part. Substantial evidence supported that finding and SAIF met its burden to show that Claimant’s preexisting conditions were the major contributing cause of Claimant’s need for treatment and disability. Affirmed.

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