SAIF Corp. v. Donahue-Birran

Petitioners University of Oregon and SAIF (SAIF) seek review of an order of the Workers’ Compensation Board (board) upholding an assessment of impairment under OAR 436-035-0230(16), as well as a penalty imposed pursuant to ORS 656.268(5)(e). At issue is the meaning of the phrase, “cannot walk and/or stand for a cumulative total of more than two hours in an 8-hour period,” as used in OAR 436-035-0230(16). We review for errors of law, and affirm.

Claimant compensably injured his knee in April 2001, and SAIF originally accepted a knee strain, then later expanded its acceptance to include other…