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Court Upholds Denial of Claim for New/Omitted Condition, Orders Recalculation of AWW

Wednesday, May 22, 2019 | 0

The Oregon Court of Appeal upheld the denial of benefits for a worker’s alleged new or omitted condition, but it overturned the calculation of his average weekly wage. Case: In the Matter of the Compensation of Marsh, Nos. 1502112 and A164403, 05/15/2019, published. Facts: Robert J. Marsh worked for the Albina Pipe Bending Co. as a welder. He injured his back at work on March 23, 2015, while handling a heavy piece of steel. Albina had workers’ compensation insurance coverage with the SAIF Corp. SAIF accepted liability for a lumbar strain and paid time-loss benefits fro...

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