# Matter of Compensation of Gallea

> Court of Appeals of Oregon · April 12, 1982 · 56 Or. App. 763

URL: https://www.frixlaw.com/law-library/cases/9630596

## Case

- **Full name:** In the Matter of the Compensation of Cindy Gallea, Claimant. GALLEA, Petitioner, v. WILLAMETTE INDUSTRIES, Respondent
- **Court:** Court of Appeals of Oregon
- **Decided:** April 12, 1982
- **Citations:** 56 Or. App. 763; 643 P.2d 390; 1982 Ore. App. LEXIS 2680
- **Precedential status:** Published
- **Opinion:** Dissent by Van Hoomissen
- **Judges:** Richardson, Thornton, Van Hoomissen
- **Cited by:** 4 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/9630596

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9630596. Public record. Not legal advice.