SAIF Corp. v. Cessnun

Employer seeks review of the order of the Workers’ Compensation Board (Board) that held claimant’s occupational disease claim compensable. Employer contends that the Board applied the wrong legal standard when it concluded that claimant did not have a “preexisting condition” within the meaning of ORS 656.005(24). We reverse and remand for reconsideration.

We review the Board’s order to determine whether, as a matter of law, the Board applied an incorrect legal standard. ORS 183.482(8)(a); Fred Meyer, Inc. v. Crompton, 150 Or App 531, 533, 946 P2d 1171 (1997). In its order, the Board adopted…