|CALENDAR STATUS: Active|
|Jon M. Schleiss v. SAIF Corporation|
|Supreme Court Case 1|
|Donald M. Hooton on behalf of Jon M. Schleiss|
Julie Masters on behalf of SAIF and Nugent Masonry, Inc.
Judy C. Lucas on behalf of Department of Consumer and Business Services
Statement of Issues:
|Jon M. Schleiss v. SAIF Corporation (S060774) (A146996) (appeal from Workers' Compensation Board; opinion reported at 250 Or App 458, 281 P3d 626 (2012)).|
Petitioner Jon M. Schleiss has been granted review of a Court of Appeals decision that affirmed an order of the Workers' Compensation Board apportioning petitioner's permanent partial disability (PPD) between his compensable condition (lumbar strain) and noncompensable condition (degenerative disease and history of smoking), which reduced his PPD from 14 percent to 5 percent.
On review, the issue is:
Does the material cause standard of ORS 656.005(7)(a) apply to each of the benefits available to the injured worker under the Workers' Compensation Law for injury cases, and, if so, does OAR 436-035-0013, which reduces the benefit paid to an injured worker by the degree of contribution to new impairment by other factors, exceed the statutory authority of the Director of the Department of Consumer and Business Services?
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating:
Virginia L. Linder