Staffing Services, Inc. v. Danny Kalaveras (Or App 2011)
Jan 01, 2011OUTCOME: we won
Claimant had an accepted back strain. MRI showed "degenerative" changes plus herniated disc at L5-S1. Claimant requested that the insurer accept the herniated disc. Insurer denied it. Claimant appealed ... . Claimant lost at hearing. Claimant appealed to Board. Board set aside judge's decision. Insurer appealed. Court of Appeals affirmed Board. Issue had to do with whether the insurer had provided persuasive evidence that the "preexisting" "degenerative" condition was arthritis or an arthritic condition, which would require a higher burden of proof from the claimant. Insurer argued that if doctors use magic words of "arthritis" or "arthritic condition" that's all that is needed. Claimant said no, there has to be evidence of inflammation of a joint. Court agreed with claimant, and burden of proof remained at the lower level of material contributing cause. Employer failed to prove that the "preexisting" "degenerative" condition was arthritis.
