Opinion
83-07481; CA A34670
Argued and submitted September 20, 1985.
Affirmed February 5, 1986.
Judicial Review from Workers' Compensation Board.
Darrell E. Bewley, Assistant Attorney General, Salem, argued the cause for petitioner. With him on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.
David Hittle, Salem, argued the cause for respondent. With him on the brief was Callahan, Hittle Gardner, Salem.
Before Richardson, Presiding Judge, and Warden and Newman, Judges.
PER CURIAM
Affirmed.
SAIF seeks review of an order of the Workers' Compensation Board reversing the referee's order, which had upheld SAIF's denial of claimant's aggravation claim. We affirm.
On de novo review, we find that claimant has established by a preponderance of the evidence that his 1980 compensable injury, which involved his head, neck and upper back, has worsened since the last award or arrangement of compensation. Claimant does not contend that his aggravation claim includes his low back condition, which arose following an off-the-job injury in 1981 and evidently has since worsened. There is no proof that the worsening of his low back condition is related in any way to the 1980 compensable injury. SAIF is responsible for only "worsened conditions resulting from the original injury." ORS 656.273(1). On the record before us, SAIF is responsible only for the worsening of claimant's head, neck and upper back injuries.
Affirmed.