Yi v. City of Portland

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Employment Law
  • Date Filed: 10-04-2017
  • Case #: A158861
  • Judge(s)/Court Below: Tookey, P.J. for the Court; DeHoog, J; & Sercombe, S.J.
  • Full Text Opinion

When a condition is found to be compensable after claim closure, an employer is required to reopen a claim and reevaluate as opposed to modifying of a notice of closure. ORS 656.262(7)(c).

Claimant sought review a Worker’s Compensation Board’s order. Claimant assigned error to the rejection of his request to modify a notice of closure. Claimant argued the notice of closure should be modified because the current condition denial issued by the employer was previously found by the Court of Appeals to be barred by claim preclusion. When a condition is found to be compensable after claim closure, an employer is required to reopen a claim and reevaluate as opposed to modifying of a notice of closure. ORS 656.262(7)(c). The Court of Appeals held that the correct route to reevaluate Claimant’s disability is through a new notice of closure as opposed to a modification. Affirmed. 

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