Trivett v. State Accident Insurance Fund

Court of Appeals of Oregon

Trivett v. State Accident Insurance Fund

573 P.2d 335, 32 Or. App. 169, 1978 Ore. App. LEXIS 3016

CourtCourt of Appeals of Oregon

DecidedJanuary 16, 1978

DocketNo. 7712, CA 8849

StatusPublished

This text of 573 P.2d 335 (Trivett v. State Accident Insurance Fund) 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

Trivett v. State Accident Insurance Fund, 573 P.2d 335, 32 Or. App. 169, 1978 Ore. App. LEXIS 3016 (Or. Ct. App. 1978).

Pincite

Opinion

PER CURIAM.

The issues involved in this workers’ compensation case are: (1) whether the claimant’s condition has been aggravated; (2) whether the aggravation, if any, is the proximate result of a compensable injury; and (3) the extent of claimant’s disability. The referee and Workers’ Compensation Board concluded that claimant’s physical condition had worsened since his claim had been closed in 1974, and that he was permanently and totally disabled. The circuit court agreed that claimant’s injury had been aggravated but it reduced the award to 65 percent of unscheduled neck disability.

We have reviewed the record and conclude, as did the referee, Board and circuit court, that claimant’s condition has worsened as a result of his 1971 injury. However, we agree with the circuit court that the evidence shows that claimant’s present condition is only partially medically attributable to the aggravation of the 1971 injury.

We adopt the circuit court’s opinion which held that claimant was entitled to an additional 48 degrees for a total of 208 degrees (65 percent) neck disability.

Affirmed.

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PER CURIAM.

The issues involved in this workers’ compensation case are: (1) whether the claimant’s condition has been aggravated; (2) whether the aggravation, if any, is the proximate result of a compensable injury; and (3) the extent of claimant’s disability. The referee and Workers’ Compensation Board concluded that claimant’s physical condition had worsened since his claim had been closed in 1974, and that he was permanently and totally disabled. The circuit court agreed that claimant’s injury had been aggravated but it reduced the award to 65 percent of unscheduled neck disability.

We have reviewed the record and conclude, as did the referee, Board and circuit court, that claimant’s condition has worsened as a result of his 1971 injury. However, we agree with the circuit court that the evidence shows that claimant’s present condition is only partially medically attributable to the aggravation of the 1971 injury.

We adopt the circuit court’s opinion which held that claimant was entitled to an additional 48 degrees for a total of 208 degrees (65 percent) neck disability.

Affirmed.

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Bluebook (online)

573 P.2d 335, 32 Or. App. 169, 1978 Ore. App. LEXIS 3016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trivett-v-state-accident-insurance-fund-orctapp-1978.