Neihart v. Roseburg Lumber Co.
This text of 752 P.2d 353 (Neihart v. Roseburg Lumber 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.
Opinion
Claimant seeks review of a Workers’ Compensation Board order that reversed the referee and reinstated the insurer’s denial of compensability of certain proposed surgical procedures. After the Board issued its order, the surgical procedures were performed. We allowed the record to be supplemented by new evidence relating to the surgeries and claimant’s post-operative condition. Because the new evidence could affect the issue of whether the surgical procedures are compensable under ORS 656.245, we reverse and remand to the referee for consideration of the new evidence. Cain v. Woolley Enterprises, 83 Or App 213, 730 P2d 1274 (1986).
Reversed and remanded to the referee for consideration of new evidence.
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Cite This Page — Counsel Stack
752 P.2d 353, 90 Or. App. 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neihart-v-roseburg-lumber-co-orctapp-1988.