Narrative Opinion Summary
The case involves a claimant who contested the Workers’ Compensation Board’s order that confirmed a decision assigning a 100% impairment rating to one eye under ORS 656.214(2), following a work-related incident that exacerbated her pre-existing binocular diplopia. The claimant argued that her condition should be rated as a 100% loss of vision for both eyes, contrary to the Board's ruling of a 100% loss of monocular vision in one eye only. The Board's decision was based on OAR 436-35-260, which evaluates visual loss, particularly ocular motility impairment due to binocular diplopia, as a single eye impairment. The regulation prescribes two methods for calculating visual loss, but binocular diplopia is assessed singularly in one eye. The Board upheld its original decision, aligning with the interpretation that ORS 656.214 does not contradict this evaluation method. The claimant’s contention that her ocular motility impairment should be attributed to both eyes was rejected, affirming the Board's determination of a 100% monocular loss. Despite the injury occurring before the 1995 Workers' Compensation Amendments, the amended Oregon statutes were deemed applicable, thus supporting the Board's decision based on current standards for visual impairment ratings.
Legal Issues Addressed
Evaluation of Binocular Diplopia under OAR 436-35-260subscribe to see similar legal issues
Application: The regulation specifies that binocular diplopia is rated as a single impairment of one eye, not both, reflecting the distinct nature of binocular diplopia testing.
Reasoning: The regulations specify that binocular diplopia is rated as a single impairment of one eye, not both. OAR 436-35-260(4) explicitly states that if binocular diplopia is rated at 100, it applies to 'the eye' singularly.
Methods for Calculating Visual Losssubscribe to see similar legal issues
Application: Two methods are provided for calculating visual loss: monocular loss method and binocular loss method; the greater disability rating determines the total vision loss.
Reasoning: The rule outlines two methods for calculating visual loss: the monocular loss method, which combines ratings for various types of visual impairments, and the binocular loss method, which requires finding the percent of monocular loss for each eye, adjusting the better eye's loss, and averaging the results.
Workers' Compensation and Impairment Rating under ORS 656.214subscribe to see similar legal issues
Application: The Workers’ Compensation Board assigns impairment ratings based on the permanent loss of use or function of the injured member, distinguishing between monocular and binocular vision loss.
Reasoning: ORS 656.214(2) stipulates that disability ratings are based on the permanent loss of use or function of the injured member. It also outlines compensation rates for vision loss, differentiating between monocular and binocular losses.