Legal Opinion

Kirby v. SAIF Corp.

Court of Appeals of Oregon

Decided July 11, 2007No. 0503524; A132244Published

1Opinion of the CourtSchuman, P. J.

The Workers’ Compensation Board (board) found that claimant’s work-related injury sustained while working for employer was not compensable because it was not the major contributing cause of his need for treatment; rather, an earlier, out-of-state, work-related injury was at least an equal cause. For that reason, the board affirmed employer’s denial of the claim. Claimant seeks review, arguing that, under the “last injury rule” or, alternatively, the statutory definition of a “compensable injury,” his injury is compensable and employer is responsible. We affirm the board’s order.

In 1999,…

2Cases cited7 opinions

  1. Boise Cascade Corp. v. StarbuckOregon Supreme Court · 1984
  2. SAIF Corp. v. DrewsOregon Supreme Court · 1993
  3. Industrial Indemnity Co. v. KearnsCourt of Appeals of Oregon · 1984
  4. Matter of Compensation of StarbuckCourt of Appeals of Oregon · 1983
  5. SAIF Corp. v. HenwoodCourt of Appeals of Oregon · 2001

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