- Court: Oregon Court of Appeals
- Area(s) of Law: Workers Compensation
- Date Filed: 06-03-2021
- Case #: A171184
- Judge(s)/Court Below: Kamins, J. for the Court; Lagesen, P.J.; & James, J. dissenting
- Full Text Opinion
Claimant sought final review of the Workers Compensation Board’s final order denying compensation. Claimant assigned error to the board’s application of the wrong legal standard. Furthermore, Claimant argued that there was not a substantial reason supporting the board’s order. Claimant argued that the medical services rendered were compensable as treatment of his originally covered injury or as a consequential condition resulting from the original injury. Compensation may be recovered for medical services for conditions caused in material part by the original injury or for conditions consequential to the original injury, where the original injury is the major contributing cause of the consequential condition. ORS 656.245(1)(a). Because claimant’s hip infection was not caused in material part by the original injury, he was unable to recover workers compensation. Further, Claimant cannot recover under the consequential condition provision because he failed to appeal the ALJ’s denial of that claim. The Workers Compensation Board’s order is affirmed.