Jewell v. SAIF Corp. (In re Jewell)
Jewell v. SAIF Corp. (In re Jewell)
Opinion of the Court
*704Claimant seeks review of an order of the Workers' Compensation Board upholding SAIF's denial of her injury claim for medical services for a left elbow condition. We review the board's order for substantial evidence and error of law, ORS 183.482(8), ORS 656.298(7), conclude that the board did not err, and therefore affirm.
Claimant works for employer as a sign language interpreter. While interpreting for a class, claimant felt something "tweak" in her arm and began to experience pain in her elbow. Medical evidence shows that claimant's elbow pain, although first experienced while claimant was "signing," was a symptom of conditions that developed over time (medial epicondylitis and ulnar neuropathy ) that were not caused by claimant's work activity.
Claimant pursued her claim on an injury theory, seeking compensation for the treatment of her elbow condition. The board determined that claimant's claim should properly be analyzed as an occupational disease and rejected it, finding that there was insufficient proof of an occupational disease.
On judicial review, claimant contends that the board mistakenly jumped to determine the nature of claimant's "condition," without first determining whether it was compensable as an injury. Claimant asserts that, irrespective of the conditions underlying her symptoms, claimant's work event constituted an injury, as defined in ORS 656.005 (7)(a), and that the board mistakenly focused on the cause of claimant's symptoms rather than on the compensability of the work injury. In claimant's view, the only question that should have been addressed was whether the incident at work was a material cause of the need for treatment of the elbow condition; if so, claimant contends, the claim is compensable as an injury.
*705Claimant's approach is not consistent with our case law and would require a departure from the way claims are traditionally analyzed. The board is required in its analysis of a claim to apply the correct legal standard, and to do so, it must determine the nature of the claim. It is within the board's authority to determine that a claim brought on an injury theory is properly characterized as an occupational disease claim. DiBrito v. SAIF ,
Citing this court's opinion in Brown v. SAIF ,
*706Although, as claimant contends, she need not establish a "condition" in order to obtain compensation, claimant's symptoms cannot be segregated from the condition that caused them. When, as here, the medical evidence identifies a condition causing the claimant's symptoms and establishes that the condition developed gradually over time, the claimant has not experienced an injury, and the claim must be analyzed as an occupational disease. Luton v. Willamette Valley Rehabilitation Center ,
Claimant is correct that she does not need to elect a particular theory of the case and can have both an occupational disease and an injury. Million v. SAIF ,
Affirmed.
Under ORS 656.802, if the occupational disease is based on the worsening of a preexisting condition, "the worker must prove that employment conditions were the major contributing cause of the * * * pathological worsening of the disease."
Reference
- Full Case Name
- In the Matter of the Compensation of Liska I. Jewell, Liska I. JEWELL v. SAIF CORPORATION and Central Oregon Community College
- Cited By
- 1 case
- Status
- Published