In re Compensation of Lau, 011322 ORWC, 20-00143

Docket NºWCB 20-00143, 19-05816
Case DateJanuary 13, 2022
74 Van Natta 48 (2022)
In the Matter of the Compensation of JORDAN LAU, Claimant
WCB Nos. 20-00143, 19-05816
Oregon Worker Compensation
January 13, 2022
          Jodie Phillips Polich, Claimant Attorneys           Reinisch Wilson Weier PC, Defense Attorneys           Reviewing Panel: Curey and Ousey Members.          ORDER ON REVIEW          Claimant requests review of Administrative Law Judge (ALJ) Ogawa's order that upheld the self-insured employer's denial of claimant's occupational disease claims for post-traumatic stress disorder (PTSD) and adjustment disorder. On review, the issue is compensability.          We adopt and affirm the ALJ's order with the following supplementation.          The ALJ found that the claimed PTSD and adjustment disorder conditions were not compensable, reasoning that claimant did not establish the existence of the PTSD, and that her work conditions were not the major contributing cause of the adjustment disorder.          On review, claimant contends that the record persuasively establishes the compensability of the PTSD and adjustment disorder. Based on the following reasoning, we disagree.          To establish the compensability of a mental disorder claim, claimant must establish, in relevant part, that there is a diagnosis of a mental disorder generally recognized in the medical or psychological community, and that the employment conditions producing the mental disorder exist in a real and objective sense. See ORS 656.802(3)(a); ORS 656.266(1). In addition, claimant must prove that employment conditions were the major contributing cause of her mental disorder. See ORS 656.266(1); ORS 656.802(2)(a); Liberty Northwest Ins. Comp. v. Shotthafer, 169 Or.App. 556, 562 (2000); Mulunesh Bahta, [71 Van Natta 728], 729 (2019).          Claimant first contends that she need not prove that her employment conditions were the major contributing cause of the claimed mental disorders under ORS 656.802(2)(a). Specifically, she contends that mental disorder claims are subject to only the requirements in ORS 656.802(3) and not also subject to the...

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