Opinion

Utrera v. Dept. of General Services

  • 89 Or. App. 114
  • 747 P.2d 405
  • 1987 Ore. App. LEXIS 5360
Court
Court of Appeals of Oregon
Filed
Dec 30, 1987
Status
Published
Author
Buttler
On the bench
Buttler, Warren, Rossman
Cited by
1 cases
Authority
More cited than 60.3%

The opinion

*116

BUTTLER, P. J.

Claimant seeks review of an order of the Workers’ Compensation Board affirming the referee’s determination that her claim was not prematurely closed and that she is not entitled to additional permanent partial disability.

At the time of claim closure, November 8, 1985, all medical reports indicated that claimant was medically stationary from a physical standpoint. By that time, however, at least two doctors had diagnosed significant depression, and she had been referred for pain therapy. Not until six months later did Dr. Friedman, a psychologist, expressly state that claimant’s psychological condition was related to her compensable injury and that she was not psychologically stationary. His opinion does not state that she was not psychologically stationary at the time of claim closure; however, that conclusion is implicit, because Friedman was treating her for the same depressive condition that had been identified before the claim was closed, and it had only improved since that time.

A claimant’s psychological condition should be considered in determining whether the claim should be closed.

Rogers v. Tri-Met,

75 Or App 470 , 706 P2d 209 (1985). Although Friedman’s report was not available at the time of closure, it was available at the time of the hearing, and the referee and the Board should have considered it in determining whether claimant’s condition was psychologically stationary at the time of closure.

Scheuning v. J. R. Simplot & Company,

84 Or App 622 , 735 P2d 1 ,

rev den

303 Or 590 (1987).

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.

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