71 Van Natta 1216 (2019)
In the Matter of the Compensation of RAYMOND A. JOHNSON-CHANDLER, Claimant
WCB No. 18-00374
Oregon Worker Compensation
October 23, 2019
Jodie
Phillips Polich, Claimant Attorneys
Reinisch Wilson Weier, Defense Attorneys
Reviewing Panel: Members Ousey and Woodford.
ORDER ON RECONSIDERATION
On
September 24, 2019, as corrected on September 25, 2019, we
reversed an Administrative Law Judge's (ALJ's) order
that found that claimant had established "good
cause" for the untimely notice of his injury under ORS
656.265(4)(c). Contending that the record establishes
"good cause" for the untimely notice, claimant
seeks reconsideration. Based on the following reasoning, we
adhere to our previous decision.
Claimant
contends that his attending physician's opinion supports
the "reasonableness" of the untimely notice by
stating that it was not surprising that "claimant may
have been symptomatic for awhile without seeking treatment *
* * as people will often brush off this type of injury,"
thinking it will get better. (See Ex. 54-4).
While
such an explanation may support the reasonableness of an
initial delay in seeking medical treatment, it does not
support a conclusion that claimant did not know of sufficient
facts from which a reasonable person would conclude that
workers' compensation liability was a possibility and
notice to the employer was appropriate (particularly when
claimant engaged in regular self-treatment activities,
limited his work duties as a result of the injury, and his
symptoms increased/worsened over the 90-day period following
the injury). See Estrada v. Federal Express Corp.,
298 Or.App. 111 (2019) (Board could determine whether
"good cause" was established under ORS
656.265(4)(c) by determining whether a worker knew of
sufficient facts to lead a reasonable worker to conclude that
workers' compensation liability was a possibility and
that notice to the employer was appropriate); Cynthia H.
Falk, [69 Van Natta 1634], 1634 n2 (2017) (applying
Estrada "reasonable worker" standard in
analyzing "good cause" under ORS 656.265(4)(c))...
