# Henry v. State Accident Insurance Fund

> Court of Appeals of Oregon · April 23, 1979 · 39 Or. App. 795

URL: https://www.frixlaw.com/law-library/cases/9535608

## Case

- **Full name:** HENRY, Respondent, v. STATE ACCIDENT INSURANCE FUND, Petitioner
- **Court:** Court of Appeals of Oregon
- **Decided:** April 23, 1979
- **Citations:** 39 Or. App. 795; 593 P.2d 1251; 1979 Ore. App. LEXIS 2196
- **Precedential status:** Published
- **Opinion:** Dissent by Thornton
- **Judges:** Schwab, Thornton, Lee, Gillette
- **Cited by:** 3 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/9535608

## Opinion text

THORNTON,
dissenting.
Contrary to the majority, from my review of this record I find that claimant has carried his burden of establishing that he has a disabling foot condition, albeit of unknown cause, which was made progressively worse by his employment. This conclusion was supported by claimant’s treating doctor.
Before claimant’s symptoms became apparent initially, he was able to work long hours on his feet without pain, swelling and discoloration. Now those symptoms recur rapidly whenever he is on his feet very much, and his doctor has suggested that he avoid jobs which require continual standing and walking, for, the doctor opined, claimant’s condition is not medically stationary and will probably worsen if he takes a job requiring prolonged standing. Furthermore, while standing and walking are generally to be encountered in everyday life, one is not always subject, as was this claimant in his employment, to day-long standing and walking on wood, concrete and hard-packed earth.
True, the medical experts were divided in this case. I cannot, however, bring myself to deny this workman benefits because of this.
I agree with the Workers’ Compensation Board that claimant is entitled to compensation.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9535608. Public record. Not legal advice.