The Supreme Court of Oregon back on Thursday back to the State Employee Compensation Commission, their propensity to replace workers with a woman who suffered an inexplicable fall while walking through the lobby of her building.
Catherine Sheldon claimed that she suffered a replaceable injury that occurred when she fell and broke her shoulder while she went to her office at the US Bank, who claimed "that the injury was not inexplicable because the applicant failed to eliminate idiopathic factors related to it. to her personal medical condition that may have caused her case, "according to documents in in the replacement question by Catherine A. Sheldon, Catherine A. Sheldon, v. US BANK filed in Salem, Oregon.
The Board, whose decision was confirmed by an administrative judge, still won by the National Board of Appeal, agreed with the US Bank in its finding that Ms. The Sheld failed to prove that other factors ̵
Ms. Sheldon, unsure of what caused her case during working hours, explained that other factors that could have caused her accident, including a small lip in the flooring of the lobby that captured the foot according to documents.
Her long-term physician "noted that the applicant has no history of peripheral neuropathy and understood that the applicant's diabetes played" absolutely no role "in her case" document state ".
Thursday's decision, considering a similar case where a plaintiff eliminates Idiopathic causes and thus compensated, confirmed the decision of the Board of Appeal, the Supreme Court ruled that the board failed to apply the correct legal standard to what it considered an idiopathic injury not related to the work, according to Oregon law, and revoked the case back to the board.  "To determine that a case is inexplicable, the board must find that there is no nonspecific explanation for the fall" the ruling states. "Based on the record before us, it seems that the board did not apply the legal standard needed to determine whether the applicant's injury arose from her employment Applicant's lawyer Jerry Keene, Oregon Work Compensation Institute LLC in Oceanside, Oregon, wrote in an email to Business Insurance that the decision may have confused the problem further, as it is now back at lower court level.
"] The Supreme Court introduced concepts that might give more questions than they answer," he wrote. "In particular, we anticipate that more appealed decisions will be required to eradicate what it means to establish or eliminate" non-speculative "potential causes of an otherwise inexplicable case."
The company and the defendant's lawyer could not immediately be reached for comment.