Legal Opinion

Wagner v. JELD WEN, INC.

Court of Appeals of Oregon

Decided April 25, 2012No. 0906088; A147644Published

1Opinion of the CourtOrtega, P. J.

Claimant seeks judicial review of an order of the Workers’ Compensation Board (board) holding that he failed to establish a compensable injury relating to a workplace incident in which a coworker struck claimant in the groin with a retractable tape measure. Claimant asserts that the workplace incident was a material contributing cause of his need for medical services. We affirm the board’s decision.

The facts are not disputed. While claimant, who is a carpenter, was performing the duties of his job, a coworker, in a teasing gesture, pulled a tape measure out to arm’s length and let the heavy…

2Cases cited3 opinions

  1. Brown v. SAIF Corp.Court of Appeals of Oregon · 1986
  2. K-MART v. EvensonCourt of Appeals of Oregon · 2000
  3. Barkley v. Corrections DivisionCourt of Appeals of Oregon · 1992

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