Kuralt v. SAIF Corp. (In re Kuralt)

415 P.3d 1077, 290 Or. App. 479
CourtCourt of Appeals of Oregon
DecidedFebruary 28, 2018
DocketA159415
StatusPublished

This text of 415 P.3d 1077 (Kuralt v. SAIF Corp. (In re Kuralt)) 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
Kuralt v. SAIF Corp. (In re Kuralt), 415 P.3d 1077, 290 Or. App. 479 (Or. Ct. App. 2018).

Opinion

EGAN, C.J.

*1078*480Claimant seeks review of an order of the Workers' Compensation Board, asserting that the board erred in reversing an order of an administrative law judge (ALJ) determining that claimant had "good cause" to file a claim after the expiration of the 90-day notice period in accordance with ORS 656.265(4)(c). We conclude on judicial review that the board's order is premised on legal error. ORS 183.482 (8)(a), (b)(A), (c). Accordingly, we reverse and remand the order for reconsideration.

The facts are largely undisputed. Claimant, who works for employer as an HVAC service technician, had just finished installing an air conditioner when he felt an immediate intense pain in his right shoulder as he reached out to prevent some tools from falling. Claimant sought medical treatment the next day, but did not mention to the doctor that the incident had occurred at work; indeed, on forms completed at the doctor's office, claimant noted that the injury had occurred at home, because, as explained further below, he was concerned about his job security if he reported a work injury. The doctor prescribed conservative treatment for the pain.

Claimant went to work the next day. He reported the injury to his two coworkers (one of whom he mistakenly believed was his supervisor) but he asked them not to report it to employer's safety coordinator.

Ultimately, claimant's physician recommended surgery on claimant's shoulder to repair a torn tendon and rotator cuff. After the 90-day period set forth in ORS 656.265,1 *481but within one year from the date of the incident, claimant notified the safety coordinator that he would be missing work because of the surgery. At that time, he filled out a claim form. Claimant, who had filed several workers' compensation claims for minor injuries over the years, explained to the safety coordinator that he had not reported the shoulder injury sooner because of a conversation he had had a month earlier with employer's controller that had led him to believe that he would be laid off if he filed another workers' compensation claim.

Employer denied the claim, initially for the reason that it was untimely, and then also on the ground that it was not compensable. ORS 656.265(4) provides that a failure to give timely notice bars a workers' compensation claim, unless the notice is given within one year and the worker establishes "that the worker had good cause for the failure to give [timely] notice[.]" Claimant requested a hearing, contending that he had "good cause" for failing to give timely notice of the accident, based on his concern that if he reported the injury, he might be fired.

Claimant testified at the hearing that he had been injured several times over the years and had filed several workers' compensation claims. He described the conversation with the controller that had led him to believe that if he filed one more claim, he might be laid off. Claimant testified that he was not certain that the controller had actual authority to fire him; but he knew that she was integral to the process and that those who had "issues" with her were not with the company for long. Claimant testified that, before the injury, he had shared the controller's comments with the two coworkers, and they corroborated claimant's testimony.

The controller and safety coordinator also testified at the hearing. The controller testified that she did not have authority to hire or fire technicians and that, although she probably did warn claimant to be safe on the job to avoid injuries, she would not have told him that another injury might cause him to be laid off. Both the controller and the safety coordinator testified that it was not employer's policy to discipline employees for filing workers' compensation *482claims and they *1079both expressed surprise at claimant's misunderstanding. In light of that evidence, employer contended that claimant's subjective belief that he could be laid off if he notified employer of the injury was not objectively reasonable, and therefore could not constitute "good cause."

The ALJ found that claimant and the other witnesses were credible. The ALJ found that employer had no policy or intention to fire claimant if he filed another claim and that claimant's belief was likely based on a misunderstanding. But the ALJ also found that claimant's belief was sincerely held, "based upon his interpretation of actual statements that were made to him regarding avoiding injuries on the job." The ALJ concluded that claimant's subjective belief was sufficient to established good cause for the late notice. The ALJ further found that the injury was work-related, and overturned employer's denial.

On employer's appeal, the board reversed the ALJ, relying on our opinion in Riddel v. Sears, Roebuck & Co. , 8 Or. App. 438, 494 P.2d 901 (1972). In Riddel , the claimant did not file a claim for a work-related back injury because he feared losing his job, based on his recollection of having been warned by his supervisor that the company would not "put up" with any more back trouble. Id . at 440, 494 P.2d 901. The employer denied giving the warning, but the ALJ believed the claimant, and found good cause for the untimely notice. On judicial review, the employer contended that "the mere fact that a man believes reporting an accident will cause him to lose his job is insufficient as a matter of law unless this belief is induced by some actual occurrence which is susceptible of such an interpretation by him." The court concluded that it did not need to address the employer's legal argument, finding on de novo review that, "here there was evidence of such an occurrence-the alleged warning from his supervisor about the consequences of making a claim." Id . at 441, 494 P.2d 901.

Here, the board explained that, although it was not departing from the ALJ's demeanor-based credibility findings, claimant's subjective belief that he would be fired or laid off if he filed another claim was not correct. Citing Riddel

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Related

Espinoza v. Evergreen Helicopters, Inc.
376 P.3d 960 (Oregon Supreme Court, 2016)
Sekermestrovich v. State Accident Insurance Fund
573 P.2d 275 (Oregon Supreme Court, 1977)
Riddel v. Sears, Roebuck & Co.
494 P.2d 901 (Court of Appeals of Oregon, 1972)
Meza v. Bruce Packing Co.
63 P.3d 1193 (Court of Appeals of Oregon, 2003)
Lopez v. SAIF Corp.
388 P.3d 728 (Court of Appeals of Oregon, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
415 P.3d 1077, 290 Or. App. 479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kuralt-v-saif-corp-in-re-kuralt-orctapp-2018.