Oregon employers, responding to a pair of recent court decisions that they say expand their liability for pre-existing conditions, are pushing for legislation to make benefits payable only for conditions that are accepted on a claim.
The Oregon Supreme Court last December struck down an administrative apportionment rule, saying it was overly broad. The high court prohibited SAIF Corp. from apportioning a permanent partial disability award under OAR 436-035-0013 based on the injured worker's accelerated aging caused by his smoking and mild degenerative joint disease. Neither qualified as a...
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