
A few months ago, we discussed a new Court of Appeals case addressing preexisting conditions. Dennis L. Corkum v. Bi-Mart Corp., 271 Or App 411 (2015). Our main concern was another court-made layer of analysis, specifically distinguishing “active” preexisting conditions and “passive” predispositions. A copy of that article can be found here. The Board has issued two recent opinions attempting to clarify the Corkum decision. Steven Prince treated for a left sided hernia in 1998, a right sided hernia from an off-work injury in 2013, and an alleged work related hernia in 2014. Steven Prince, 67 Van Natta 1325 (2015). The Board put in a footnote that the worker’s 2013 hernia surgery hernia surgery for…
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