Zurita v. Canby Nursery

The issue before us in this workers’ compensation case is whether hearsay statements regarding the cause of an injury contained in medical reports constitute prima facie evidence of causation under ORS 656.310(2).

On December 12, 1989, claimant sought treatment from Dr. Miller for back pain. He did not see Miller again, but in March, 1990, he saw Dr. Poul. The doctors’ reports contained claimant’s account that he had injured his back loading trees at work. Claimant did not personally attend the referee’s hearing. He appeared through counsel. SAIF withdrew all of the exhibits that it had…