Opinion
WCB 96-03652; CA A96000
Argued and submitted September 24, 1997
Reversed and remanded for reconsideration October 22, 1997
Judicial Review from Workers' Compensation Board.
Paul L. Roess argued the cause for petitioner. With him on the brief was Moscato, Skopil Hallock.
James L. Edmunson argued the cause for respondent. With him on the brief was Cole, Cary Wing, P.C.
Before De Muniz, Presiding Judge, Haselton, Judge, and Richardson, Senior Judge.
PER CURIAM
Reversed and remanded for reconsideration.
Employer seeks judicial review of a Workers' Compensation Board's order adopting and affirming an order of the administrative law judge (ALJ) setting aside employer's denial of claimant's low back aggravation claim. Employer argues that the ALJ and, by extension, the Board erroneously assumed that proof of a symtomatic worsening, as opposed to a pathological worsening, of claimant's condition was sufficient to establish the statutorily required "actual worsening of the compensable condition." ORS 656.273(1). We agree with employer. SAIF v. Walker, 145 Or. App. 294, 930 P.2d 230 (1996), rev allowed 325 Or. 367 (1997). This case is in the same substantive and procedural posture as Walker. Accordingly, we remand for the Board to apply the appropriate standard.
ORS 656.273(1) provides, in part:
"After the last award or arrangement of compensation, an injured worker is entitled to additional compensation for worsened conditions resulting from the original injury. A worsened condition resulting from the original injury is established by medical evidence of an actual worsening of the compensable condition supported by objective findings * * *."
Reversed and remanded for reconsideration.