Karjalainen v. Curtis Johnston & Pennywise, Inc.

At issue in this case is whether claimant has a “preexisting condition” that triggers a more demanding burden of proof under the workers’ compensation statutes. A “preexisting condition” is one that, among other things, has been either diagnosed or treated as of the time of injury. ORS 656.005(24)(a). That definition is subject to an exception for “arthritis or an arthritic condition.” Id. That is, arthritis or an arthritic condition need not have been treated or diagnosed to be considered a preexisting condition. The parties in this case dispute whether claimant suffers from “arthritis or an…