Anderson v. State Accident Insurance Fund Corp.

Court of Appeals of Oregon

Anderson v. State Accident Insurance Fund Corp.

620 P.2d 983, 49 Or. App. 999, 1980 Ore. App. LEXIS 4045

CourtCourt of Appeals of Oregon

DecidedDecember 29, 1980

DocketNo. 79-2302, CA 18329

StatusPublished

This text of 620 P.2d 983 (Anderson v. State Accident Insurance Fund Corp.) 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

Anderson v. State Accident Insurance Fund Corp., 620 P.2d 983, 49 Or. App. 999, 1980 Ore. App. LEXIS 4045 (Or. Ct. App. 1980).

Pincite

Opinion

THORNTON, J.,

dissenting.

In my view there was sufficient evidence to establish that claimant’s present worsened back condition is the result of his 1975 injury. Ryan v. SAIF, 19 Or App 142, 526 P2d 1038 (1974). This conclusion was supported by sworn testimony of the claimant and corroborated by competent medical evidence, including the opinion of his treating physician.

I am persuaded that this workman has a bona fide aggravation of a prior injury. The fact that claimant continued to work for for a period of time before his worsened condition finally compelled him to seek treatment should not be a basis for rejecting this claim. Claimant should not be penalized for choosing to continue working and not seeking medical treatment sooner for the increasing pain he had been suffering for the preceding several months.

Accordingly, I would remand for a redetermination of the extent of claimant’s present disability.

Free access — add to your briefcase to read the full text and ask questions with AI