Legal Opinion
McDermott v. SAIF Corp.
Court of Appeals of Oregon
Decided June 28, 2017No. 1403683; A160016PublishedCited by 10 opinions
1Opinion of the CourtSercombe, J.
Claimant seeks review of an order of the Workers’ Compensation Board upholding an award of permanent partial disability benefits by employer’s insurer, SAIF Corporation, for claimant’s right knee injury claim. The award apportioned claimant’s benefits under OAR 436-035-0013 (2013)1 so as to exclude compensation for his preexisting arthritic condition. In claimant’s view, under ORS 656.268(1), as interpreted by the Supreme Court in Schleiss v. SAIF, 354 Or 637, 317 P3d 244 (2013), apportionment to exclude an award for impairment due to a preexisting condition is permitted only when the…
2Cases cited18 opinions
- State v. GainesOregon Supreme Court · 2009
- Planned Parenthood Ass'n v. Department of Human ResourcesOregon Supreme Court · 1984
- Cabell v. City of Cottage GroveOregon Supreme Court · 1942
- Holcomb v. SunderlandOregon Supreme Court · 1995
- State v. OfodrinwaOregon Supreme Court · 2013
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Caren v. Providence Health Sys. Or. (In re Caren)Oregon Supreme Court · 2019
- Johnson v. SAIFCourt of Appeals of Oregon · 2020
- Griffin v. Dish Network Servs. (In re Comp. of Griffin)Court of Appeals of Oregon · 2019
- Johnson v. Saif Corp. (In re Comp. of Johnson)Court of Appeals of Oregon · 2018
- Robinette v. SAIFCourt of Appeals of Oregon · 2020
5 more not listed; retrieve them via the Exa API.