Havlik v. Multnomah County

In this workers’ compensation case involving ORS 656.802(3)(b) and a worker at the Multnomah County Animal Control Center, the majority holds that “[t]he Board did not have the benefit of [our reasoning in Whitlock v. Klamath Cty. School District, 158 Or App 464, 974 P2d 705, rev den 329 Or 61 (1999),] and did, we believe, precisely what Whit-lock cautioned against.” 164 Or App at 527. Because I believe the Board’s ruling is consistent with Whitlock and the Supreme Court’s holding in Fuls v. SAIF, 321 Or 151, 894 P2d 1163 (1995), on which Whitlock is based, I dissent.

ORS 656.802(3)(b)…