King v. Gallagher Bassett Ins. Services

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Workers Compensation
  • Date Filed: 12-01-2021
  • Case #: A173989
  • Judge(s)/Court Below: Tookey, P.J. for the Court; James, J. & Aoyagi, J.
  • Full Text Opinion

The medical causation component of claimant’s mental disorder claim presents a complex medical question that must be resolved on the basis of expert medical evidence. See Uris v. Comp. Dep’t, 247 Or 420, 426, 430 P2d 861 (l967).

Appellant appealed an order of the Workers’ Compensation Board affirming an order of an administrative law judge (“ALJ”) and upholding SAIF’s denial of her mental disorder claim. Employer laid her off due to a staff reduction. She then applied for, and was denied, worker’s compensation based on her mental disorder. On appeal, Appellant argued that the ALJ erred in determining that her mental disorder did not meet the worker’s compensation requirements articulated in ORS 656.802. The Court stated that Board's conclusions were substantiated by evidence and reason. The Court determined that the claim lacked proof of medical causation. The medical causation component of claimant’s mental disorder claim presents a complex medical question that must be resolved on the basis of expert medical evidence. See Uris v. Comp. Dep’t, 247 Or 420, 426, 430 P2d 861 (l967).The Court determined the Board did not err in its decision as Appellant had not met her burden of proof by clear and convincing evidence. Affirmed.

 

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