En Banc Court Splits 7-6 on Apportionment Without Combined Condition

A narrowly divided Oregon Court of Appeals last week ruled that an employer can apportion a worker’s permanent partial disability from a knee injury to pre-existing arthritis in the knee. Maurice McDermott had suffered a knee injury while working for Industrial Diesel Power. IDP’s comp carrier, SAIF Corp., accepted liability for a knee strain and traumatic injury to the articular surface of the knee joint. When McDermott underwent surgery, his doctor noted arthritic changes to his knee. The doctor opined that McDermott was disabled by the combined effects of the arthritis and the...