# Liberty Northwest Insurance v. Ausbie

> Court of Appeals of Oregon · June 19, 1991 · 107 Or. App. 762

URL: https://www.frixlaw.com/law-library/cases/6938916

## Case

- **Full name:** In the Matter of the Compensation of Herbert C. Ausbie, LIBERTY NORTHWEST INSURANCE CORPORATION and Yorke Construction v. Herbert C. AUSBIE
- **Court:** Court of Appeals of Oregon
- **Decided:** June 19, 1991
- **Citations:** 107 Or. App. 762; 812 P.2d 854; 1991 Ore. App. LEXIS 1003
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Buttler, Muniz, Rossman
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6938916

## Opinion text

PER CURIAM
Employer seeks review of an order of the Workers’ Compensation Board affirming the referee’s holding that claimant had established the compensability of his preexisting foot condition. The Board found that the condition should be treated as an occupational disease rather than an injury. That decision is supported by substantial evidence and is affirmed. The Board ¿so found that claimant had established that his work was a material contributing cause of the worsening of his symptoms and, citing its opinion in Donna E. Aschbacher, 41 Van Natta 1242 (1989), held that that was sufficient to establish the compensability of the claim.
We reversed the Board’s order in Donna E. Aschbacher, supra, Aetna Casualty Co. v. Aschbacher, 107 Or App 494 , 812 P2d 844 (1991), and held that, under the applicable version of ORS 656.802, a claimant must establish that the employment was the major contributing cause of the worsening of the underlying condition. Accordingly, the Board must reconsider its decision in the light of our opinion.
Reversed and remanded for reconsideration in the light of Aetna Casualty Co. v. Aschbacher, supra.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6938916. Public record. Not legal advice.