Court Clarifies Employer's Burden of Proof for Denying 'Combined Condition' Claims

The Oregon Court of Appeals ruled that an employer can terminate payment of benefits for a condition caused by a combination of an industrial injury and a pre-existing condition once the injury ceases to be the major contributing cause of disability. Case: Fillinger v. The Boeing Co., No. 47, 02/14/2018, published. Facts: Lawrence Fillinger worked to The Boeing Co. He had an extensive history of chronic back problems. Fillinger reported a back spasm while at work in December 2013. Boeing accepted liability for a lumbar sprain. Fillinger’s doctor opined that the sprain had also caused...