Johnson v. Beaver Coaches, Inc.

The majority holds that there is substantial evidence to support the Board’s conclusion that “claimant failed to show that his left-knee condition arose out of his employment.” 147 Or App at 235. Because the Board did not apply the proper analysis in reaching its conclusion, I respectfully dissent from the majority’s decision.

According to ORS 656.005(7)(a), a “ ‘compensable injury' is an accidental injury * * * arising out of and in the course of employment requiring medical services.” The “requirement that the injury ‘arise out of the employment tests the causal connection between the injury…