Getz v. Wonder Bur

If a worker sustains a compensable injury and subsequently, as part of the claim closure and evaluation process, his physician orders an examination to determine the worker’s residual capacity, and, during that exam, the worker sustains a second injury, is the second injury itself compensable? In this case, the Workers’ Compensation Board (board) held that it was not, and claimant seeks judicial review. Because the material facts are not in dispute, we review only for errors of law. ORS 656.298(7); ORS 183.482(8). We reverse.

Claimant worked for employer as a bartender. In 1993, he compensably…