Opinion

Johnston v. James River Corporation

  • 756 P.2d 696
Court
Court of Appeals of Oregon
Filed
Jun 22, 1988
Status
Published
On the bench
Warden, P.J., and Graber, J., and Riggs, J. Pro Tem
Cited by
4 cases
Authority
More cited than 67.3%

The opinion

756 P.2d 696 (1988)

91 Or.App. 721

In the matter of the Compensation of Roy M. JOHNSTON, Claimant. Roy M. Johnston, Petitioner,

v.

JAMES RIVER CORPORATION, Respondent.

WCB 85-13546; CA A46152.

Court of Appeals of Oregon.

Argued and Submitted May 11, 1988.

Decided June 22, 1988.

James L. Edmunson, Eugene, argued the cause for petitioner. With him on the brief were Karen M. Werner and Malagon & Moore, Eugene.

Brian L. Pocock, Eugene, argued the cause and filed the brief for respondent.

Before WARDEN, P.J., and GRABER, J., and RIGGS, J. Pro Tem.

PER CURIAM.

In this workers' compensation case, we review under the standards stated in Armstrong v. Asten-Hill Co., 90 Or. App. 200 , 752 P.2d 312 (1988).

The Workers' Compensation Board reversed the referee on the compensability issue. When the referee makes adequate findings and conclusions of law which the Board either affirms or specifically adopts, it is not necessary for the Board to reiterate those findings in support of its conclusion. See George v. Richard's Food Center, 90 Or. App. 639 , 752 P.2d 1309 (1988). When the Board reverses, adequate judicial review requires specific findings in the Board's opinion substantiating its contrary conclusion.

The Board's opinion refers to some of the evidentiary issues discussed in the referee's order without making findings sufficient for our review. We cannot tell why the Board reached a conclusion contrary to the referee's.

Reversed and remanded.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.