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Wilkerson v. Davila

Oregon Court of Appeals
Nov 12, 1987
744 P.2d 1331 (Or. Ct. App. 1987)

Opinion

WCB 85-01964; CA A42688

Argued and submitted October 12, 1987

Remanded for reconsideration November 12, 1987

Judicial Review from Workers' Compensation Board.

Bruce D. Smith, Salem, argued the cause for petitioner. With him on the brief was Michael B. Dye, Salem.

Darrell E. Bewley, Assistant Attorney General, Salem, argued the cause for respondents. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

Before Buttler, Presiding Judge, and Warren and Rossman, Judges.


PER CURIAM

Reversed and remanded for reconsideration of extent of disability, including disability attributable to psychogenic pain.


Claimant seeks review of an order of the Workers' Compensation Board affirming the referee's decision that her psychiatric condition should not be considered in determining the extent of her disability from a compensable injury. On de novo review, we reverse and remand.

Dr. Holland examined claimant at SAIF's request. He determined that she has psychogenic pain that is a complication or aggravation of a preexisting condition. In rating the severity of the stressors "judged to have been a significant contributor to the development or exacerbation of the current disorder," Holland assigns the level of "moderate" to "vocational injury and sequella [sic]." We find that the evidence establishes that the compensable injury was a material contributing cause of the present psychological symptoms. Those symptoms should be considered in determining the extent of claimant's disability. Barrett v. D H Drywall, 300 Or. 553, 715 P.2d 90 (1986); Grace v. SAIF, 76 Or. App. 511, 709 P.2d 1146 (1985).

Reversed and remanded for reconsideration of extent of disability, including disability attributable to psychogenic pain.


Summaries of

Wilkerson v. Davila

Oregon Court of Appeals
Nov 12, 1987
744 P.2d 1331 (Or. Ct. App. 1987)
Case details for

Wilkerson v. Davila

Case Details

Full title:In the Matter of the Compensation of Catherine Wilkerson, Claimant…

Court:Oregon Court of Appeals

Date published: Nov 12, 1987

Citations

744 P.2d 1331 (Or. Ct. App. 1987)
744 P.2d 1331

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