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Pederson v. Saif

Oregon Court of Appeals
Mar 23, 1981
622 P.2d 757 (Or. Ct. App. 1981)

Opinion

WCB No. 79-10,812, CA 18743

Argued and submitted December 17, 1980

Affirmed January 26, 1981 Reconsideration allowed, former opinion withdrawn, reversed and remanded ( 51 Or. App. 361, 625 P.2d 666) March 23, 1981

Judicial Review from Workers' Compensation Board.

Benton Flaxel, North Bend, argued the cause for petitioner. With him on the brief was Flaxel, Todd Nylander, North Bend.

Darrell E. Bewley, Appellate Counsel, SAIF, Salem, argued the cause for respondent. With him on the brief were K. R. Maloney, General Counsel, and James A. Blevins, Chief Trial Counsel, SAIF, Salem.

Before Joseph, Presiding Judge, and Warden and Warren, Judges.


PER CURIAM

Affirmed.


In denying claimant's aggravation claim based on a low back strain incurred off the job while picking up a piece of firewood, the Workers' Compensation Board and the referee relied primarily on the reference in a doctor's report to "recurrent attacks of backache, dating as far as 1975" to establish a lack of causal relationship between the 1979 event and the original on-the-job injury in 1977, for which claimant had received a 30 percent unscheduled permanent disability award. While claimant has persuaded us that that reference was a mistaken reading of the file, the medical record clearly shows that no permanent worsening of claimant's back condition occurred as a result of the 1979 incident. Furthermore, we find no basis in the record to support the statement in the Referee's opinion that SAIF had conceded the issue of worsening and was only contesting causation.

Affirmed.


Summaries of

Pederson v. Saif

Oregon Court of Appeals
Mar 23, 1981
622 P.2d 757 (Or. Ct. App. 1981)
Case details for

Pederson v. Saif

Case Details

Full title:In the Matter of the Compensation of Michael D. Pederson, Claimant…

Court:Oregon Court of Appeals

Date published: Mar 23, 1981

Citations

622 P.2d 757 (Or. Ct. App. 1981)
622 P.2d 757

Citing Cases

Pederson v. Saif

PER CURIAM Claimant moves for reconsideration of our opinion in Pederson v. SAIF, 50 Or. App. 183, 622 P.2d…