Jeld Wen, Inc. v. Cooper

• Court: Oregon Court of Appeals
• Area(s) of Law: Workers Compensation
• Date Filed: 04-01-2015
• Case #: A151110
• Judge(s)/Court Below: Secrombe P.J. for the Court; Hadlock J.; & Tookey J.

Employer dismissed employees claim for workers compensation without sufficient evidence to support employers claim that the current condition of the injury could not be used as evidence to assess the original injury.

Employee injured their ankle while on the job in 2008 and employer accepted the claim of an ankle sprain. After sustained pain, employee sought medical advice. In 2010, an insurance examiner determined that the injury revealed permanent partial disability. Employer sent notice that is was closing the case without award. A medical arbitration was held in 2011, wherein the arbitrator determined that the closure of the case was proper, but that claimant was entitle to an award for disability. Employer requested a hearing with an ALJ, who affirmed the decision and awarded $3,500 in attorney’s fees. Employer appealed ALJ decision. The Court of Appeals rejected employer's claim to split claimants condition into two conditions, finding no statutory authority or rational to do so. Affirmed.

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