Fred Meyer, Inc. v. Hayes

I respectfully dissent. Although this is a close case, in my view claimant did not establish that her injury was compensable.

“The burden of proving that an injury * * * is compensable * * * is upon the worker. The worker cannot carry the burden of proving that an injury * * * is compensable merely by disproving other possible explanations of how the injury * * * occurred.” ORS 656.266.

On review, the facts are not contested. The Board accepted the parties’ stipulated facts, adopted the “notice [d] facts” found by the administrative law judge, and made its own findings.

The parties stipulated to…