TriMet v. Wilkinson

Petitioner TriMet (employer) seeks judicial review of a final order of the Workers’ Compensation Board (the board) that set aside its denial of claimant’s combined condition claim involving her left hip and lower back. Employer argues that the board erred in concluding that its September 2008 denial of claimant’s combined condition was “procedurally invalid because it denied a combined condition in the absence of an acceptance of such a condition.” See Croman Corp. v. Serrano, 163 Or App 136, 140-41, 986 P2d 1253 (1999) (under ORS 656.005(7)(a)(B) and ORS 656.262(6)(c), a combined condition…