Kemple v. Myers Drum Co.

Court of Appeals of Oregon

Kemple v. Myers Drum Co.

646 P.2d 34, 57 Or. App. 733

CourtCourt of Appeals of Oregon

DecidedJuly 22, 1982

DocketWCB No. 78-07534, CA A22253

StatusPublished

This text of 646 P.2d 34 (Kemple v. Myers Drum 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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Kemple v. Myers Drum Co., 646 P.2d 34, 57 Or. App. 733 (Or. Ct. App. 1982).

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Opinion

PER CURIAM

The issue in this workers’ compensation case is whether a meniscectomy (knee surgery) and its sequela, including intercranial hemorrhaging, were causally related to claimant’s preexisting compensable knee injury. The question presented is solely factual. We have concluded, on the basis of our de novo review, that claimant has shown by a preponderance of the evidence that the original compensable injury was a material contributing cause of the second knee surgery, and that, the surgery was not the result of an independent, intervening accident. We are further persuaded that the evidence established that the intercranial hemorrhaging was a consequence of the second surgery and is compensable. There is nothing to be gained by a lengthy recitation of the facts. Accordingly, for the reasons stated in Hoag v. Duraflake, 37 Or App 103, 585 P2d 1149, rev den 284 Or 521 (1978), we will not publish an extended opinion.

The Workers’ Compensation Board’s order on review affirming the referee, and the carrier’s denial of January 30, 1979, is reversed and the claim is remanded for acceptance.

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PER CURIAM

The issue in this workers’ compensation case is whether a meniscectomy (knee surgery) and its sequela, including intercranial hemorrhaging, were causally related to claimant’s preexisting compensable knee injury. The question presented is solely factual. We have concluded, on the basis of our de novo review, that claimant has shown by a preponderance of the evidence that the original compensable injury was a material contributing cause of the second knee surgery, and that, the surgery was not the result of an independent, intervening accident. We are further persuaded that the evidence established that the intercranial hemorrhaging was a consequence of the second surgery and is compensable. There is nothing to be gained by a lengthy recitation of the facts. Accordingly, for the reasons stated in Hoag v. Duraflake, 37 Or App 103, 585 P2d 1149, rev den 284 Or 521 (1978), we will not publish an extended opinion.

The Workers’ Compensation Board’s order on review affirming the referee, and the carrier’s denial of January 30, 1979, is reversed and the claim is remanded for acceptance.

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Bluebook (online)

646 P.2d 34, 57 Or. App. 733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kemple-v-myers-drum-co-orctapp-1982.