Pollock v. Tri-Met, Inc.

Claimant seeks review of a Workers’ Compensation Board order that upheld employer’s denial of claimant’s aggravation claim for right shoulder bursitis. The Board reasoned that the compensability of the aggravation claim was an issue that claimant could have raised before entering into a settlement regarding other pending claims. Consequently, the Board concluded that the settlement agreement barred claimant from raising the issue. We review for errors of law, ORS 183.482(8)(a)(A), and reverse.

Claimant is a Tri-Met bus driver. Between July 1993 and February 1994, she filed three workers’…