 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
In re Compensation of Kaeo11/13/2002
as never any accepted condition or that any final permanent disability awards are 'wiped out.' We disagree with claimant's arguments to the contrary and we note that claimant fails to cite any statutory or other legal authority to support his position." (Emphasis added.)
We agree with the board's resolution of this issue. Under the present statutory scheme, in particular ORS 656.262(7)(b), an insurer is allowed to issue a denial when the compensable injury is no longer the major contributing cause of the combined condition. There is nothing in the statutes that requires that, when the accepted combined condition results in a permanent disability award, the insurer cannot issue a denial of the entire combined condition but may issue only a partial denial. Claimant's point--that an injury that is found to be compensable as part of a combined condition for which permanent disability has been awarded has a kind of limited life--may have some validity. However, the board is correct that the statutes authorize exactly what occurred here.
Claimant also argues that the board erred in concluding that its administrative rule governing partial denials, OAR 438-005-0060, was not applicable here. That rule provides, in pertinent part:
"Every notice of partial denial shall set forth with particularity the injury , condition, benefit or service for which liability is denied and the factual and legal reasons therefor."
Claimant asserts that the rule governing partial denials is applicable here and that, because SAIF's denial did not comply with the particularity requirements of this rule, it must be set aside. As discussed above, however, SAIF's denial was not a partial denial. So the rule by its terms does not apply.
For all of the above reasons, we conclude that the board did not err in upholding SAIF's denial.
Affirmed.
Page 1 2 3 4 Oregon Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|