Opinion
WCB 84-02476; CA A37693
Submitted on remand from the Oregon Supreme Court January 11, 1988
Affirmed April 20, 1988 Reconsideration denied June 10, 1988 Petition for review denied July 6, 1988 ( 306 Or. 155)
On remand from the Oregon Supreme Court, Krajacic v. Blazing Orchards, 304 Or. 436, 746 P.2d 218 (1987).
Judicial Review from Workers' Compensation Board.
Before Richardson, Presiding Judge, and Newman and Deits, Judges.
DEITS, J.
Affirmed.
This case is on remand from the Supreme Court for reconsideration in the light of Gwynn v. SAIF, 304 Or. 345, 746 P.2d 218 (1987). We adhere to our former opinion. 84 Or. App. 127, 733 P.2d 113, modified 85 Or. App. 477, 737 P.2d 617 (1987).
In Gwynn, the claimant had suffered a disabling injury and had entered into a settlement agreement which awarded compensation for permanent partial disability. The issue was whether the claimant's award contemplated future "waxing and waning" of his symptoms and, if so, whether the claimant had established a "worsening" of the condition entitling him to additional compensation.
This case involves a claimant with symptoms that have "waxed and waned"; the issue is whether claimant has proven a worsening. However, the holding in Gwynn is inapplicable, because, in contrast to Gwynn, where the claimant's injury was disabling and he was awarded permanent partial disability, this claimant's condition was nondisabling, and he has never received an award of compensation.
Affirmed.