Beverly Enterprises v. Michl
Beverly Enterprises v. Michl
Opinion of the Court
Employer petitions for review of a decision by the Workers’ Compensation Board setting aside employer’s denial of claimant’s compensation claim. We conclude that the decision of the Board is supported by substantial evidence in the record and, accordingly, affirm.
Claimant applied for workers’ compensation benefits after she slipped at work and dislocated her knee. Employer denied her claim on the ground that her injury was not work related. Claimant requested a hearing, where the referee upheld the denial. Claimant then requested review by the Board, which reversed the order of the referee and held claimant’s injury to be compensable.
Employer argues that the Board failed to apply the proper standard of proof to the evidence before it. Specifically, employer argues that it is clear from the medical evidence that claimant suffered from a preexisting condition, described as a “patellar tracking problem,” that predisposed her knee to dislocation and that the Board neglected to apply the standard of proof required by ORS 656.005(7)(a)(B) for injuries caused in part by preexisting conditions.
The only objective medical evidence
Affirmed.
ORS 656.005(7)(a)(B) provides:
“If an otherwise compensable injury combines at any time with a preexisting condition to cause or prolong disability or a need for treatment, the combined condition is compensable only if, so long as and to the extent that the otherwise compensable injury is the major contributing cause of the disability of the combined condition or the major contributing cause of the need for treatment of the combined condition.”
ORS 656.005(24) defines a preexisting condition as
“any injury, disease, congenital abnormality, personality disorder or similar condition that contributes or predisposes a worker to disability or need for treatment and that precedes the onset of an initial claim for an injury or occupational disease, or that precedes a claim for worsening pursuant to ORS 656.273.”
ORS 656.005(7)(a) requires that compensable injuries be established by medical evidence supported by objective-findings.
Employer also contends that physician’s use of the term “recurrent” in relation to the knee dislocation indicates a preexisting condition. We disagree. It is equally reasonable that the physician’s use of that word merely indicates a recognition by the physician that claimant had had such an injury before, without creating a link between the injuries.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.