SAIF Corp. v. Kollias

The issue in this workers’ compensation case is the operation of the burden of proof when an employer or insurer seeks to establish that a claimant’s “otherwise compensable injury” combines with a preexisting condition to cause a combined condition pursuant to ORS 656.005(7)(a)(B) and ORS 656.266(2). SAIF seeks review of an order of the Workers’ Compensation Board holding that, because SAIF had failed to make a prima facie case that claimant had a preexisting condition, the burden of proof did not shift to SAIF under ORS 656.266 and, accordingly, SAIF was not entitled under the board’s…