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.
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.