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Roseburg Forest Products v. Lund

Summarized by: 

Date Filed: 08-17-2011
Case #: A142480
Wollheim, J. for the Court; Schuman, P.J.; & Rosenblum, S.J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A142480.pdf

Workers Compensation: Under Columbia Forest Products v. Woolner, there is no specific procedure for an employer to accept a combined condition.

Lund, requested that his employer, Roseburg Forest Products (Roseburg) expand the scope of his disability. Roseburg denied Lund’s request. Lund requested a hearing with an administrative law judge (ALJ). The ALJ concluded that the claim was a combined condition. After surgery, Roseburg awarded Lund permanent partial disability (PPD). Lund requested an ALJ hearing wherein the ALJ agreed with Roseburg. Lund requested review by the Worker’s Compensation Board. The Board reversed and increased Lund’s PPD award. Roseburg appealed the Board’s decision based on the belief that it had not accepted a combined condition. Under ORS 656.005(7), if a compensable injury combines with a preexisting condition, the combined injury is compensable only if the major contributing cause of the injury is the compensable injury. Since the ALJ and the Board determined this was a combined condition, the employer may not argue that they did not accept the combined condition. Columbia Forest Prod. v. Woolner states there is no procedure for the acceptance of a combined condition. Affirmed.