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Johnston v. James River Corporation

Oregon Court of Appeals
Jun 22, 1988
756 P.2d 696 (Or. Ct. App. 1988)

Opinion

WCB 85-13546; CA A46152

Argued and submitted May 11, 1988

Reversed and remanded June 22, 1988

Judicial Review from Workers' Compensation Board.

James L. Edmunson, Eugene, argued the cause for petitioner. With him on the brief were Karen M. Werner and Malagon Moore, Eugene.

Brian L. Pocock, Eugene, argued the cause and filed the brief for respondent.

Before Warden, Presiding Judge, and Graber, Judge, and Riggs, Judge pro tempore.


PER CURIAM

Reversed and remanded.


In this workers' compensation case, we review under the standards stated in Armstrong v. Asten-Hill Co., 90 Or. App. 200, 752 P.2d 312 (1988).

The Workers' Compensation Board reversed the referee on the compensability issue. When the referee makes adequate findings and conclusions of law which the Board either affirms or specifically adopts, it is not necessary for the Board to reiterate those findings in support of its conclusion. See George v. Richard's Food Center, 90 Or. App. 639, 752 P.2d 1309 (1988). When the Board reverses, adequate judicial review requires specific findings in the Board's opinion substantiating its contrary conclusion.

The Board's opinion refers to some of the evidentiary issues discussed in the referee's order without making findings sufficient for our review. We cannot tell why the Board reached a conclusion contrary to the referee's.

Reversed and remanded.


Summaries of

Johnston v. James River Corporation

Oregon Court of Appeals
Jun 22, 1988
756 P.2d 696 (Or. Ct. App. 1988)
Case details for

Johnston v. James River Corporation

Case Details

Full title:In the Matter of the Compensation of Roy M. Johnston, Claimant. JOHNSTON…

Court:Oregon Court of Appeals

Date published: Jun 22, 1988

Citations

756 P.2d 696 (Or. Ct. App. 1988)
756 P.2d 696

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