Taylor v. Masonry Builders, Inc.

Claimant seeks review of a Workers’ Compensation Board order on reconsideration holding that SAIF Corporation never accepted claimant’s claim and therefore is not required by ORS 656.262(6) to prove by clear and convincing evidence that claimant’s injury is not compensable. We affirm.

Claimant first suffered a back injury in July, 1979, while employed by EBI’s insured. He was awarded 25 percent unscheduled permanent partial disability for that injury. In 1990, the Board denied his request for back surgery on the ground that he had lied about the extent of his 1979 injuries.

Later in November,…