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The State Board must reconsider the guardian's claim for damages



An appeals court reversed and overturned an Oregon Workers' Compensation Board decision denying workers compensation to a guardian who said he injured his shoulder again after a day of work lifting.

In a unanimous decision Wednesday in the case, In Matter of Carrillo v. SAIF Corp the Oregon Court of Appeals considered that the Board did not correctly consider the alleged lifting injury and pre-existing symptoms as a "combined condition."

Mario Carrillo submitted a worker forcing an injury to his left shoulder after a day of lifting at work. Salem, Oregon-based State Accident Insurance Fund Corp., denied the claim on the grounds that work-related injuries combined with pre-existing conditions were not the main cause of his shoulder pain.

The Labor Compensation Board agreed with SAIF and held that Mr Carrillo had a pre-existing condition in his left shoulder which was supported by substantial evidence.

The Court of Appeal reversed the decision, saying that the board had not expressly resolved the question of whether Carrillo experienced a new injury on the day of heavy lifting or whether the lifting was a contributing factor to his disability leading to the need for treatment for the existing shoulder injury.

The Court of Appeal noted that in the Oregon Supreme Court decision of 201

4 Brown v SAIF the term "combined condition" suggests two separate conditions that combine and that the board erred in not considering whether Carrillo's "symptomatic flare-up" could be compensated as a deterioration of his pre-existing condition.


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