SAIF v. Thompson

by
After considering SAIF Corporation's medical evidence, the Workers’ Compensation Board (board) found that the evidence did not satisfy SAIF’s burden of persuasion and entered an order finding that claimant Roger Thompson's heart attack was a compensable occupational disease. The Court of Appeals reversed, finding that the board erred in concluding that only one type of medical evidence (evidence of risk factors unique to the claimant and unrelated to his work) would rebut the presumption. After review, the Oregon Supreme Court concluded that the Court of Appeals misperceived the basis for the board’s order. Furthermore, the Court concluded the board reasonably found, on the evidence before it, that SAIF had failed to satisfy its burden of persuasion. The Supreme Court accordingly reversed the Court of Appeals decision and affirmed the board’s order. View "SAIF v. Thompson" on Justia Law