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BARRETT v. D & H DRYWALL

WCB 81-02757/CA A29349/SC S31782.

709 P.2d 1083 (1985)

300 Or. 325

In the matter of the Compensation of David F. BARRETT, Claimant, David F. Barrett, Petitioner On Review, v. D & H DRYWALL and Ebi Companies, Respondents On Review.

Supreme Court of Oregon.

Decided November 26, 1985.

Attorney(s) appearing for the Case

James L. Edmunson, of Malagon & Associates, Eugene, argued the cause for petitioner on review. On the petition was Merrill Schneider, Sandy.

Scott H. Terrall, of Meyers & Terrall, Portland, argued the cause for respondents on review.

Robert K. Udziela, of Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland, filed a brief on behalf of amicus curiae Oregon Workers' Compensation Attys. Ass'n.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, CARSON and JONES, JJ.

JONES, Justice.

Claimant contends that his preexisting asymptomatic osteoarthritis became symptomatic because of his compensable injury and, therefore, the sypmtoms, insofar as they produce loss of bodily function and consequent loss of earning capacity, are compensable as being "due to" his compensable injury under ORS 656.214(5). Claimant petitioned for judicial review of the order of the Workers' Compensation Board, claiming that the Board erred in failing to consider...

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