Godfrey v. Fred Meyer Stores

124 P.3d 621, 202 Or. App. 673, 2005 Ore. App. LEXIS 1525
CourtCourt of Appeals of Oregon
DecidedNovember 23, 2005
Docket03-04253; A124562
StatusPublished
Cited by21 cases

This text of 124 P.3d 621 (Godfrey v. Fred Meyer Stores) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Godfrey v. Fred Meyer Stores, 124 P.3d 621, 202 Or. App. 673, 2005 Ore. App. LEXIS 1525 (Or. Ct. App. 2005).

Opinions

[675]*675LANDAU, P. J.

ORS 656.265(1) requires that a worker give an employer notice of an accident resulting in injury or death. At issue in this case is whether a claimant who orally reported an injury to her employer gave the notice that is required by that statute. The Workers’ Compensation Board held that she did not. We disagree and therefore reverse and remand for reconsideration.

I. FACTUAL BACKGROUND

The relevant facts are not in dispute. On December 22,2001, claimant orally advised her supervisor that she had injured her wrist at work the day before. The supervisor then entered the following into employer’s computerized database under a format labeled “Employee Incident Report”:

“[Claimant] was scanning a 2 liter of soda when she felt a pop or tear and burning sensation in her wrist and lower forearm. She has swelling and bump that is not normal. It feels like a deep ache. If the pain gets worse then she will seek medical attention. It is the right arm.”

Employer never printed a paper copy of what claimant had reported.

Claimant did not seek medical treatment for over a year. On February 18, 2003, she filed a Form 801 making a written claim for her injury. Employer denied the claim on the ground that claimant had failed to file timely written notice as required by the applicable statutes. Employer argued that ORS 656.265(1) requires written notice from a worker within 90 days after an accident and permits notice to be filed beyond that period only if the employer had knowledge of the injury and the claimant filed written notice within a year of the accident. In this case, employer argued, claimant did not file written notice until well after the one-year period had expired. Claimant responded that the statute requires only that “notice” be given the employer within a year of the accident and that that notice need not be in writing. The board agreed with employer and upheld the denial.

[676]*676II. ANALYSIS

On review, the parties renew their arguments— employer, that the statute requires that notice be given in writing, and claimant, that notice need not be in writing so long as the employer learns the relevant facts. The disposition of the parties’ arguments turns on the meaning of the relevant statute, which we ascertain by reference to the interpretive method set out in PGE v. Bureau of Labor and Industries, 317 Or 606, 610-12, 859 P2d 1143 (1993). Our task is to ascertain what the legislature that enacted the statute into law intended the wording of the enactment to mean. ORS 174.020. It is not to effect what we, in our independent judgment, believe to be better policy. See, e.g., Monaco v. U.S. Fidelity & Guar., 275 Or 183, 188, 550 P2d 422 (1976) (“This court cannot correct clear and unambiguous language for the legislature so as to better serve what the court feels was, or should have been, the legislature’s intent.”); Lindsey v. Farmers Ins. Co., 170 Or App 458, 466-67, 12 P3d 571 (2000) (“Our obligation is not to fix statutes!.]”). We ascertain the legislature’s intended meaning of the statute first by examining the text of the statute in its context, which includes any prior Supreme Court construction of the statute. See State v. Reid, 319 Or 65, 68-69, 872 P2d 416 (1994) (The Supreme Court’s construction of a statute “becomes a part of the statute as if written into it at the time of its enactment.”). If, after analysis of the text in context, the statute remains ambiguous, we resort to legislative history and, if necessary, other aids to construction. PGE, 317 Or at 611-12.

A. Textual Analysis

ORS 656.265 provides:

“(1) Notice of an accident resulting in an injury or death shall be given immediately by the worker or a dependent of the worker to the employer, but not later than 90 days after the accident. The employer shall acknowledge forthwith receipt of such notice.
“(2) The notice need not be in any particular form. However, it shall be in writing and shall apprise the employer when and where and how an injury has occurred [677]*677to a worker. A report or statement secured from a worker, or from the doctor of the worker and signed by the worker, concerning an accident which may involve a compensable injury shall be considered notice from the worker and the employer shall forthwith furnish the worker a copy of any such report or statement.
“(3) Notice shall be given to the employer by mail, addressed to the employer at the last-known place of business of the employer, or by personal delivery to the employer or to a foreman or other supervisor of the employer. If for any reason it is not possible to so notify the employer, notice may be given to the Director of the Department of Consumer and Business Services and referred to the insurer or self-insured employer.
“(4) Failure to give notice as required by this section bars a claim under this chapter unless the notice is given within one year after the date of the accident and:
“(a) The employer had knowledge of the injury or death; or
“(b) The worker died within 180 days after the date of the accident.
* * * *
“(5) The issue of failure to give notice must be raised at the first hearing on a claim for compensation in respect to the injury or death.
“(6) The director shall promulgate and prescribe uniform forms to be used by workers in reporting their injuries to their employers. These forms shall be supplied by all employers to injured workers upon request of the injured worker or some other person on behalf of the worker. The failure of the worker to use a specified form shall not, in itself, defeat the claim of the worker if the worker has complied with the requirement that the claim be presented in writing.”

As is not uncommon with frequently amended statutes, the drafting is less than perfect. The text can be taken to suggest different possibilities with respect to whether it requires that the worker provide an employer with written notice of an accident or injury, depending on which portions are given emphasis.

[678]*6781. First possibility: Notice must be presented in writing

A number of provisions of the statute reasonably suggest that the worker must provide written notice to the employer. First, under subsection (1), “[n]otice” must be given “by the worker * * * to the employer.” Thus, whatever “notice” may entail, it must be given “by the worker.”

Second, subsection (2) provides that, although “[t]he notice need not be in any particular form,” it must be in writing.

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Cite This Page — Counsel Stack

Bluebook (online)
124 P.3d 621, 202 Or. App. 673, 2005 Ore. App. LEXIS 1525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/godfrey-v-fred-meyer-stores-orctapp-2005.