Southwest Forest Industries v. Saling

Court of Appeals of Oregon

Southwest Forest Industries v. Saling

805 P.2d 755, 106 Or. App. 169, 1991 Ore. App. LEXIS 281

CourtCourt of Appeals of Oregon

DecidedFebruary 27, 1991

DocketWCB Nos. 86-15197, 85-13694; CA A62996

StatusPublished

This text of 805 P.2d 755 (Southwest Forest Industries v. Saling) 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

Southwest Forest Industries v. Saling, 805 P.2d 755, 106 Or. App. 169, 1991 Ore. App. LEXIS 281 (Or. Ct. App. 1991).

Pincite

Opinion

PER CURIAM

In this workers’ compensation case, we affirm the order of the Board reversing the referee’s order. We write only because the Board’s order is so unclear that we need to illuminate for the parties how we read it.

Although claimant suffered a compensable injury in 1975, by the time of the 1985 and 1986 work incidents giving rise to this case he was suffering only from conditions not related to the 1975 claim. Therefore, according to the Board, the referee erred in treating the case as involving whether there was an aggravation or a new injury; the only issue on the facts is whether the 1985 and the 1986 incidents caused a new injury. So viewed, as we believe the Board did view it, the evidence is that the incidents exacerbated the preexisting, non-compensable conditions to the point that those conditions became disabling and required medical services. Therefore, claimant suffered a compensable injury.

Affirmed.

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PER CURIAM

In this workers’ compensation case, we affirm the order of the Board reversing the referee’s order. We write only because the Board’s order is so unclear that we need to illuminate for the parties how we read it.

Although claimant suffered a compensable injury in 1975, by the time of the 1985 and 1986 work incidents giving rise to this case he was suffering only from conditions not related to the 1975 claim. Therefore, according to the Board, the referee erred in treating the case as involving whether there was an aggravation or a new injury; the only issue on the facts is whether the 1985 and the 1986 incidents caused a new injury. So viewed, as we believe the Board did view it, the evidence is that the incidents exacerbated the preexisting, non-compensable conditions to the point that those conditions became disabling and required medical services. Therefore, claimant suffered a compensable injury.

Affirmed.

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Bluebook (online)

805 P.2d 755, 106 Or. App. 169, 1991 Ore. App. LEXIS 281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southwest-forest-industries-v-saling-orctapp-1991.