Christensen v. Argonaut Insurance

Claimant seeks judicial review of a Workers’ Compensation Board order that reversed a referee’s award of permanent total disability. The issue is whether the Board erred in holding that claimant failed to make a reasonable effort to follow medical advice that she lose weight and thereby failed to mitigate the extent of her disability. Industrial Indemnity cross-petitions from that portion of the Board’s order which holds that it is responsible for paying claimant’s compensation. We review de novo. ORS 656.298(6).

Claimant is 5'3". She weighs about 300 pounds. She suffered a compensable back…