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Kemple v. Myers Drum Co.

Oregon Court of Appeals
Sep 21, 1982
646 P.2d 34 (Or. Ct. App. 1982)

Opinion

WCB No. 78-07534, CA A22253

Argued and submitted January 26, 1982

Reversed and remanded June 9, 1982 Reconsideration denied July 22, 1982 Petition for review denied September 21, 1982 ( 293 Or. 521)

Judicial Review from Workers' Compensation Board.

Noreen K. Saltveit, Portland, argued the cause for petitioner. With her on the brief was Merten Saltveit, P. C., Portland.

Emil R. Berg, Portland, argued the cause for respondent. With him on the brief was Wolf, Grifith, Bittner, Abbott Roberts, Portland.

Before Gillette, Presiding Judge, and Joseph, Chief Judge, and Young, Judge.

Joseph, C. J., vice Roberts, J.


PER CURIAM

The Board's order on review affirming the referee which upheld the carrier's denial of January 30, 1979, is reversed and the claim is remanded for acceptance.


The issue in this workers' compensation case is whether a meniscectomy (knee surgery) and its sequela, including intercranial hemorrhaging, were causally related to claimant's preexisting compensable knee injury. The question presented is solely factual. We have concluded, on the basis of our de novo review, that claimant has shown by a preponderance of the evidence that the original compensable injury was a material contributing cause of the second knee surgery, and that, the surgery was not the result of an independent, intervening accident. We are further persuaded that the evidence established that the intercranial hemorrhaging was a consequence of the second surgery and is compensable. There is nothing to be gained by a lengthy recitation of the facts. Accordingly, for the reasons stated in Hoag v. Duraflake, 37 Or. App. 103, 585 P.2d 1149, rev den 284 Or. 521 (1978), we will not publish an extended opinion.

The Workers' Compensation Board's order on review affirming the referee, and the carrier's denial of January 30, 1979, is reversed and the claim is remanded for acceptance.


Summaries of

Kemple v. Myers Drum Co.

Oregon Court of Appeals
Sep 21, 1982
646 P.2d 34 (Or. Ct. App. 1982)
Case details for

Kemple v. Myers Drum Co.

Case Details

Full title:In the Matter of the Compensation of Dennis Kemple, Claimant. KEMPLE…

Court:Oregon Court of Appeals

Date published: Sep 21, 1982

Citations

646 P.2d 34 (Or. Ct. App. 1982)
646 P.2d 34