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WCD Adopts Rules for Effects of Denied Conditions on Apportionment

Thursday, June 9, 2022 | 0

The Oregon Workers’ Compensation Division adopted temporary rules governing the effects of denied conditions on apportionment in response to a state Supreme Court case. The high court in an April decision, Johnson v. SAIF Corp., determined that a worker is entitled to the full value of the total impairment — including a portion attributed to a denied condition — when a compensable injury is a material cause of a worker’s impairment. To bring its rules into alignment with the court’s decision, the division revised a provision to clarify that apportionment for a d...

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