Workers' Compensation
Notice of accident from worker
Notes of Decisions
To establish employer knowledge, claimant needs to establish only employer knowledge of injury, not knowledge claim would result. Baldwin v. Thatcher Construction Co., 49 Or App 421, 619 P2d 682 (1980); Hayes-Godt v. Scott Wetzel Services, 71 Or App 175, 691 P2d 919 (1984), Sup Ct review denied
Knowledge of injury must be sufficient to alert employer of possibility of workers' compensation claim. Argonaut Ins. Co. v. Mock, 95 Or App 1, 768 P2d 401 (1989), Sup Ct review denied
Where claimant was employee, stockholder and manager of corporate employer, claimant satisfied injury notice requirement by notifying employer, and claim was not barred notwithstanding failure of employer to notify insurer of claim. Barney's Karts, Inc. v. Vance, 110 Or App 62, 821 P2d 422 (1991)
Requirement that worker give employer written notice of "when and where and how" injury occurred is satisfied if written information, viewed as whole, provides enough detail about when, where and how injury occurred to put employer on notice that worker may have sustained compensable injury. Vsetecka v. Safeway Stores, Inc., 337 Or 502, 98 P3d 1116 (2004)
Notice consisting of report or statement secured from worker need not be in written form. Godfrey v. Fred Meyer Stores, 202 Or App 673, 124 P3d 621 (2005), Sup Ct review denied
There is no requirement under this section that claimant must present medical evidence to establish "good cause" for failure to give timely notice; it is for Workers' Compensation Board to decide whether board is persuaded by evidence that is in record, regardless of if record includes medical evidence. Lopez v. SAIF, 281 Or App 679, 388 P3d 728 (2016)
As used in this section, "compensable injury" means condition that results from accident. Brown v. SAIF, 361 Or 241, 391 P3d 773 (2017)
To support good cause for late notice of work injury, claimant's subjective belief as to employer's response to injury report must be objectively reasonable. Kuralt v. SAIF, 290 Or App 479, 415 P3d 1077 (2018)
Law Review Citations
32 WLR 217 (1996)
Law Review Citations
55 OLR 432-445 (1976); 16 WLR 519 (1979); 22 WLR 559 (1986)
Notes of Decisions
Party having affirmative of any issue must prove it by preponderance of evidence unless legislature fixes some different quantum of proof. Hutcheson v. Weyerhaeuser Co., 288 Or 51, 602 P2d 268 (1979)
Amendments to existing statutes and enactment of additional statutes by 1995 legislation generally apply to pending cases and to orders still appealable on June 7, 1995, effective date. Volk v. America West Airlines, 135 Or App 565, 899 P2d 746 (1995), Sup Ct review denied
Amendments to existing statutes and enactment of additional statutes by 1995 legislation do not extend or shorten procedural time limitations with regard to actions taken prior to June 7, 1995, effective date. Motel 6 v. McMasters, 135 Or App 583, 899 P2d 1212 (1995)
Atty. Gen. Opinions
Benefit unavailability for inmates engaged in prison work programs, (1996) Vol 48, p 134
Law Review Citations
24 WLR 321, 341 (1988); 32 WLR 217 (1996)