State Accident Insurance Fund Corp. v. Forrest

The issue is whether SAIF is foreclosed from denying claimant medical services under ORS 656.245(1). The medical evidence is that claimant’s knee condition, which was repaired by surgery, preexisted and was not caused by the compensable injury. The referee, affirmed by the Board, determined that the issue had “been adjudicated” and that SAIF had been found to be responsible by that adjudication. Accordingly, SAIF’s denial was set aside, and it appeals. We affirm.

In 1973, claimant injured his left knee in a nonindustrial motorcycle accident. In 1976, he injured the same knee on the job. He…