Hannah Teig

The Oregon Court of Appeals doubles down on the two-prong Roseburg Forest test making it easier for a presumptively responsible employer to shift responsibility

In April 2020, the Court of Appeals issued a significant decision regarding responsibility cases. In NAES Corporation v. SCI 3.2, Inc., 303 Or. App. 684 (2020), the issue was whether the Board erroneously focused on “probability” and not “possibility” of contribution in determining that claimant’s prior work exposure was the sole cause of his hearing loss such that the presumptively responsible employer could successfully shift its responsibility backwards. Claimant worked as a boilermaker for various employers from 1966 through 2012 when he retired. At that time, he was working for NAES. Following his retirement, claimant worked seasonally for SCI fabricating parade floats from 2013 through 2016. This seasonal work involved sawing, welding, grinding, and hammering. In 2014, claimant was diagnosed… Continue reading