Simi v. LTI Inc. - Lynden Inc.
Annotate this CaseIn a workers’ compensation case, the issue presented for the Oregon Supreme Court's review centered on the scope of an employer’s obligation under ORS 656.262(7)(c) to reopen a closed claim for processing if a “condition is found compensable after claim closure.” The closed claim at issue here was claimant Randy Simi's accepted right rotator cuff tear, and the conditions giving rise to the dispute were supraspinatus and infraspinatus tendon tears, which claimant asked employer to accept as “new or omitted” conditions. Employer issued a denial specifying that the conditions were not compensable, but, without withdrawing the denial, employer later took the position that the tendon tears were “encompassed” within the originally accepted rotator cuff tear. That change of position caused an administrative law judge (ALJ) to determine that the tendon conditions were compensable and to set aside employer’s denial. According to claimant, that ALJ order triggered employer’s obligation under ORS 656.262(7)(c) to reopen the claim. Employer contended, however, that the legislature did not require reopening if the compensable condition at issue was “encompassed within” the already-accepted conditions, even if the employer also had denied that the condition was compensable. A majority of the Workers’ Compensation Board and a majority of the Court of Appeals panel agreed with employer, and the Supreme Court allowed review to consider this disputed question of statutory interpretation. Based on its examination of the statutory text and context, the Supreme Court concluded the legislature intended employers to reopen compensable claims for processing when a compensability denial was set aside after claim closure, including under the circumstances of this case. Accordingly, the Court of Appeals' decision was reversed.
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