Trudeau v. Weyerhaeuser Co.

520 P.2d 472, 17 Or. App. 30, 1974 Ore. App. LEXIS 1026
CourtCourt of Appeals of Oregon
DecidedApril 1, 1974
DocketNo. 73 2566
StatusPublished
Cited by1 cases

This text of 520 P.2d 472 (Trudeau v. Weyerhaeuser 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.

Bluebook
Trudeau v. Weyerhaeuser Co., 520 P.2d 472, 17 Or. App. 30, 1974 Ore. App. LEXIS 1026 (Or. Ct. App. 1974).

Opinion

LANGTRY, J.

Claimant, the wife of a deceased workman, seeks benefits under the Workmen’s Compensation Law on account of death and alleged preceding permanent total disability of the deceased. She appeals from adverse decisions successively by the hearing officer, the Workmen’s Compensation Board and the circuit court. The hearing officer wrote an opinion which contained a lengthy summarization of the evidence, an analysis thereof, and the applicable law. That opinion was adopted by the Board and was found to be correct by the circuit court.

Deceased suffered a back injury in 1967 while employed by Weyerhaeuser Company, the defendant. He received compensation and underwent low back surgery (L-3 and L-4) in which disc material was removed. A similar operation at the L-4 and L-5 level had been performed upon him in 1949 as the result of another industrial injury. After recovery in 1949 he had continued employment which featured heavy lifting with no ill effects until the 1967 injury which was [32]*32incurred while deceased was lifting 100-pound bags to an overhead level. He left the hospital some eight days after the 1967 surgery, was seen in the surgeon’s office several times, and finally went to the Physical Rehabilitation Center, which concluded he could do light work. His neurosurgeon, Dr. Serbu, and the rehabilitation agency agreed that he could not continue heavy work in view of his condition and the fact that he was 59 years of age. Deceased desired to retire, did so and was awarded permanent partial disability, 25 per cent unscheduled and 20 per cent scheduled, for his left leg. In 1971 deceased reported back to Dr. Serbu complaining of pain in his back and in the anterior aspects of his right thigh. A myelogram revealed a bulging disc in the L-4 and L-5 area. One blood chemistry test showed that he had a low white blood cell count and another showed the white cell count to be in normal limits. Between 1967 and 1971 when he had had eye surgery a low white cell count had also been noticed.

The claimant in her reply brief states she is simply contending that the L-4 and L-5 disc problem was a continuation of the injury from the industrial accident, that before the deceased could become a suitable surgical candidate to have the bulging disc surgically repaired his blood condition evidenced by the white cell count had to be worked out, that in working out this condition Dr. Serbu and other doctors suspected cancer, that an erroneous diagnosis of one type of cancer was made, resulting in treatment which was contraindicated for the type of cancer he really had, and that treatment further lowered the white blood cell count which in turn reduced deceased’s resistance to disease and when he contracted pneumonia the chain of events caused his death.

[33]*33An autopsy performed upon the deceased showed that he had multiple myeloma.

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Related

Iverson v. State Accident Insurance Fund
561 P.2d 651 (Court of Appeals of Oregon, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
520 P.2d 472, 17 Or. App. 30, 1974 Ore. App. LEXIS 1026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trudeau-v-weyerhaeuser-co-orctapp-1974.