Benninger v. Weyerhaeuser Co.

Court of Appeals of Oregon

Benninger v. Weyerhaeuser Co.

759 P.2d 1142, 92 Or. App. 709, 1988 Ore. App. LEXIS 1474

CourtCourt of Appeals of Oregon

DecidedAugust 24, 1988

DocketWCB 86-12595; CA A46237

StatusPublished

This text of 759 P.2d 1142 (Benninger v. Weyerhaeuser Co.) 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.

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Benninger v. Weyerhaeuser Co., 759 P.2d 1142, 92 Or. App. 709, 1988 Ore. App. LEXIS 1474 (Or. Ct. App. 1988).

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Opinion

PER CURIAM

In this workers’ compensation case, we review for substantial evidence. Armstrong v. Asten-Hill Co., 90 Or App 200, 752 P2d 312 (1988).

The referee held, on the basis of detailed findings of fact, that claimant’s lower back condition was compensable as a material worsening of a 1985 on-the-job injury. On de novo review, the Board reversed. The Board’s order is inadequate for judicial review. Although the order concludes that claimant’s condition is the result of an off-the-job injury, it contains inadequate findings or explanation to support that conclusion. “When the Board reverses, adequate judicial review requires specific findings in the Board’s opinion substantiating its contrary conclusion.” Johnston v. James River Corporation, 91 Or App 721, 756 P2d 696 (1988).

Reversed and remanded for reconsideration.

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PER CURIAM

In this workers’ compensation case, we review for substantial evidence. Armstrong v. Asten-Hill Co., 90 Or App 200, 752 P2d 312 (1988).

The referee held, on the basis of detailed findings of fact, that claimant’s lower back condition was compensable as a material worsening of a 1985 on-the-job injury. On de novo review, the Board reversed. The Board’s order is inadequate for judicial review. Although the order concludes that claimant’s condition is the result of an off-the-job injury, it contains inadequate findings or explanation to support that conclusion. “When the Board reverses, adequate judicial review requires specific findings in the Board’s opinion substantiating its contrary conclusion.” Johnston v. James River Corporation, 91 Or App 721, 756 P2d 696 (1988).

Reversed and remanded for reconsideration.

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759 P.2d 1142, 92 Or. App. 709, 1988 Ore. App. LEXIS 1474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benninger-v-weyerhaeuser-co-orctapp-1988.

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