Opinion

SAIF Corp. v. Vinson

  • 125 Or. App. 684
  • 866 P.2d 522
  • 1994 Ore. App. LEXIS 15
Court
Court of Appeals of Oregon
Filed
Jan 5, 1994
Status
Published
On the bench
Deits, Durham, Riggs
Cited by
0 cases
Authority
More cited than 17.1%

The opinion

PER CURIAM

SAIF seeks review of an order of the Workers’ Compensation Board holding that claimant had suffered a new compensable injury that shifted responsibility for his injury from his first employer, Crawford & Company, to SAIF’s insured, DeJong Products. SAIF argues that the Board erred in failing to apply the major contributing cause standard of ORS 656.005(7)(a)(B) to the responsibility dispute under ORS 656.308(1).

Here, the Board found that claimant’s accidental injury at SAIF’s insured was a material contributing cause of his need for treatment and disability, and, on the basis of that finding, held that responsibility had shifted from the first employer to SAIF’s insured. Under the Supreme Court’s holding in SAIF v. Drews, 318 Or 1, 9 , 860 P2d 254 (1993), the first employer remains responsible unless the claimant has suffered a new injury that is the major contributing cause of the need for treatment. ORS 656.005(7)(a)(B); ORS 656.308(1). We reverse the Board’s order and remand for reconsideration in the light of SAIF v. Drews, supra.

Reversed and remanded for reconsideration.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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