Opinion

Matter of Compensation of Gallea

  • 56 Or. App. 763
  • 643 P.2d 390
  • 1982 Ore. App. LEXIS 2680
Court
Court of Appeals of Oregon
Filed
Apr 12, 1982
Status
Published
Author
Van Hoomissen
On the bench
Richardson, Thornton, Van Hoomissen
Cited by
4 cases
Authority
More cited than 7.0%

The opinion

VAN HOOMISSEN,

dissenting.

I respectfully dissent because in my view a legitimate claim is being denied here as a result of a misunderstanding between the attorneys. In a case such as this, where the Board has reversed the referee’s order which *769 granted claimant an unscheduled disability award for her right shoulder condition, all doubts should be resolved in favor of a full and complete resolution of the claim on its merits. The workers’ compensation law is remedial in character and should be liberally construed to promote the beneficial results intended by the legislature. Newell v. Taylor et al, 212 Or 522 , 321 P2d 294 (1958). Procedural technicalities should yield to the public policy implicit in the law. I would remand to the referee for consideration of Dr. Crook’s report. ORS 656.298(6).

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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