Reinisch Wilson Weier PC Workers' Compensation Defense and Employment Law

Invalid Acceptance

By Reinisch Wilson Weier PC, Apr 01, 2013

Kyle J. Hoppe, 65 Van Natta 621 (March 21, 2013).   The carrier accepted claimant’s claim as non-disabling.  In a later Modified Notice of Acceptance (MNOA), the carrier accepted additional conditions but the document was silent regarding whether the newly accepted conditions were disabling or non-disabling. Claimant argued the MNOA was invalid.

The Board, citing Johansen v. SAIF, 158 Or App 672 (1999), noted that a new medical condition claim is entitled to its own classification of disabling or non-disabling. The Board also noted OAR 436-060-0140(5)(b) requires that an acceptance notice indicate whether a claim is disabling or non-disabling. Since the MNOA did not identify whether the newly accepted conditions were disabling or non-disabling, the Board held the MNOA was invalid and unreasonable and awarded both an out-of-compensation fee and a penalty-related attorney fee.

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