Meherin v. Stayton Canning Co.

Court of Appeals of Oregon

Meherin v. Stayton Canning Co.

764 P.2d 619, 94 Or. App. 173, 1988 Ore. App. LEXIS 2081

CourtCourt of Appeals of Oregon

DecidedNovember 23, 1988

Docket86-00160; CA A45922

StatusPublished

This text of 764 P.2d 619 (Meherin v. Stayton Canning 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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Meherin v. Stayton Canning Co., 764 P.2d 619, 94 Or. App. 173, 1988 Ore. App. LEXIS 2081 (Or. Ct. App. 1988).

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Opinion

PER CURIAM

In this workers’ compensation case, claimant experienced a compensable back injury, which employer accepted. Employer subsequently issued a “partial denial” of claimant’s scoliosis. Claimant properly challenged the denial by requesting a hearing. The referee determined that the scoliosis was compensable, and that, in addition, employer’s denial of the condition was precluded by Bauman v. SAIF, 295 Or 788, 670 P2d 1027 (1983). The Board correctly reversed the referee on the Bauman question, noting that Johnson v. Spectra Physics, 303 Or 49, 733 P2d 1367 (1987), permits the partial denial of a condition that has not, as here, been formally accepted. However, it erred in remanding the matter to the Evaluation Division to determine the compensability of the scoliosis. The parties agree that the Board should have determined that question.

On petition, remanded to the Board to determine the compensability of claimant’s scoliosis and otherwise affirmed; affirmed on cross-petition.

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PER CURIAM

In this workers’ compensation case, claimant experienced a compensable back injury, which employer accepted. Employer subsequently issued a “partial denial” of claimant’s scoliosis. Claimant properly challenged the denial by requesting a hearing. The referee determined that the scoliosis was compensable, and that, in addition, employer’s denial of the condition was precluded by Bauman v. SAIF, 295 Or 788, 670 P2d 1027 (1983). The Board correctly reversed the referee on the Bauman question, noting that Johnson v. Spectra Physics, 303 Or 49, 733 P2d 1367 (1987), permits the partial denial of a condition that has not, as here, been formally accepted. However, it erred in remanding the matter to the Evaluation Division to determine the compensability of the scoliosis. The parties agree that the Board should have determined that question.

On petition, remanded to the Board to determine the compensability of claimant’s scoliosis and otherwise affirmed; affirmed on cross-petition.

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764 P.2d 619, 94 Or. App. 173, 1988 Ore. App. LEXIS 2081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meherin-v-stayton-canning-co-orctapp-1988.

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