McAleny v. SAIF Corp.

In Robinson v. Nabisco, Inc., 331 Or 178, 189-90, 11 P3d 1286 (2000), the Supreme Court held that when a claimant who sustained a work-related injury and subsequently, during an “insurer medical exam” (IME) conducted to evaluate that injury, suffered a second injury, that second injury arose out of and in the course of employment and therefore entitled the claimant to workers’ compensation benefits.1 In Getz v. Wonder Bur, 183 Or App 494, 502, 52 P3d 1097, rev den, 335 Or 104 (2002), this court reached the same conclusion regarding a “physical capacity evaluation” (PCE). The present case is…