Opinion

Iverson v. State Accident Insurance Fund

  • 28 Or. App. 789
  • 561 P.2d 651
  • 1977 Ore. App. LEXIS 2797
Court
Court of Appeals of Oregon
Filed
Mar 21, 1977
Status
Published
Author
Thornton
On the bench
Lee, Schwab, Thornton
Cited by
2 cases
Authority
More cited than 16.8%

The opinion

THORNTON, J.,

dissenting.

Contrary to the conclusion of the majority, I am persuaded by the testimony of claimant’s treating physician that claimant’s strenuous work activity and *794 exposure to cold temperatures while working in refrigerator trucks aggravated the degenerative changes which were taking place in claimant’s body and increased the amount of symptoms from which claimant is now suffering.

Neither party was contending that claimant’s work had caused his rheumatoid spondylitis condition. There was contradictory medical testimony as to whether claimant’s condition was aggravated by the heavy lifting and exposure to cold temperatures in the course of his employment. I believe we should resolve this conflict in the expert testimony in favor of the claimant. I would allow this claim on the authority of Beaudry v. Winchester Plywood Co., 255 Or 503 , 469 P2d 25 (1970), where our Supreme Court held that a claimant who suffered aggravation of his preexisting bursitis as a result of his having to stand on a vibrating platform during the course of his employment, suffered from a compensable occupational disease. See also, Barackman v. General Telephone, 25 Or App 293, 298 , 548 P2d 1341 (1976).

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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