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Martin v. SAIF

Summarized by: 

Date Filed: 12-29-2011
Case #: A139520
Armstrong, J. for the Court; Haselton P.J.; & Duncan, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A139520.pdf

Workers Compensation: The director of the Department of Consumer and Business Services has the authority to change the date of injury in a notice of closure as part of his duty to determine the amount of compensation to which the claimant is entitled.

Claimant Martin suffered an injury on December 13, 2004 and was diagnosed with arthritis. January 10, 2006 was Martin's last day of work and he filed an occupational injury claim for his condition on January 17, 2006. SAIF listed the date of injury as January 10, 2006 on the notice of closure. The director of the Department of Consumer and Business Services, as a proxy for the Appellate Review Unit, concluded that the date of injury was December 13, 2004 and amended the notice of closure. Martin claimed on appeal that the date of injury should have been listed as January 10, 2006. The Court of Appeals held that it is within the director's duties, in the process of determining the amount of compensation to be awarded a claimant, to modify the date of injury in the notice of closure to ensure that the claimant receives the appropriate compensation. Affirmed.