ZURITA v. CANBY NURSERY

90-07147; CA A70516.

838 P.2d 625 (1992)

115 Or. App. 330

In the Matter of the Compensation of Froylan L. Zurita, Claimant. Froylan L. ZURITA, Petitioner, v. CANBY NURSERY and SAIF Corporation, Respondents.

Court of Appeals of Oregon.

Decided September 30, 1992.

Reconsideration Denied December 16, 1992.


Attorney(s) appearing for the Case

Edward J. Harri, Salem, argued the cause for petitioner. With him on the brief were Michael B. Dye and Brad G. Garber, Salem.

Thomas E. Ewing, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.


ROSSMAN, Judge.

The issue before us in this workers' compensation case is whether hearsay statements regarding the cause of an injury contained in medical reports constitute prima facie evidence of causation under ORS 656.310(2).

On December 12, 1989, claimant sought treatment from Dr. Miller for back pain. He did not see Miller again, but in March, 1990, he saw Dr. Poul. The doctors' reports contained claimant's account that he had injured his back...

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