CONSOLIDATED FREIGHTWAYS v. FOUSHEE

WCB 82-06050, 81-10270; CA A32574.

717 P.2d 633 (1986)

78 Or.App. 509

In the matter of the Compensation of James W. Foushee, Claimant. CONSOLIDATED FREIGHTWAYS, Petitioner, v. James W. FOUSHEE and Freightliner Corporation, Respondents.

Court of Appeals of Oregon.

Decided April 16, 1986.

Reconsideration Denied June 6, 1986.


Attorney(s) appearing for the Case

Allan M. Muir, Portland, argued the cause for petitioner. With him on brief were Dennis S. Reese and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Deborah L. Sather, Portland, argued the cause for respondent Freightliner Corporation. With her on brief were Frank A. Moscato and Moscato & Byerly, Portland.

Alan M. Scott, Portland, argued the cause for respondent James W. Foushee. With him on brief were Jill Backes and Galton, Popick & Scott, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


BUTTLER, Presiding Judge.

This worker's compensation case presents the question whether, in order to establish an aggravation claim under ORS 656.273, it is necessary to prove a worsening of the underlying condition. The referee held that claimant had not shown a worsening of the underlying condition and upheld employer's denial of the claim. The Board reversed, holding that increased symptoms alone may constitute an aggravation, without a worsening of the underlying...

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