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Calkins v. Westcraft Chair, Inc.
Citations: 84 Or. App. 320; 733 P.2d 943Docket: WCB 84-02419; CA A36874
Court: Court of Appeals of Oregon; March 10, 1987; Oregon; State Appellate Court
Claimant is appealing the Workers’ Compensation Board's decision that upheld a referee's order dismissing her hip injury compensation claim, citing res judicata. The court found that the claim was not barred. Claimant, a sewing machine operator, was injured in September 1980 when a furniture frame fell on her, leading to an accepted compensation claim that closed in February 1981. Prior to this incident, she had hip pain attributed to a defective sewing machine but did not formally claim compensation for it at that time. During the proceedings, medical reports primarily referred to neck and back injuries, although treatment for her hip was covered by the employer’s insurance. A subsequent independent physician's report in August 1982 raised questions about the linkage of her hip injury to the 1980 accident, leading to a denial of further treatment by the insurance carrier. The claimant contested this denial, arguing for recognition of her hip injury. A referee initially dismissed the hip claim, stating that prior hearings did not establish a credible connection to the original injury. However, the court clarified that res judicata does not apply here, as the hip claim involved separate operative facts and injuries. The confusion arose from concurrent treatments for different injuries. The Board's affirmation of the dismissal based on res judicata was deemed improper, leading to a reversal and remand for further consideration of the hip claim.