MATTER OF COMPENSATION OF MILLER

WCB 96-03652; CA A96000.

947 P.2d 1132 (1997)

151 Or. App. 131

In the Matter of the Compensation of Ronald S. Miller, Claimant. INTERNATIONAL PAPER COMPANY, Petitioner, v. Ronald S. MILLER, Respondent.

Court of Appeals of Oregon.

Decided October 22, 1997.


Attorney(s) appearing for the Case

Paul L. Roess, Portland, argued the cause for petitioner. With him on the brief was Moscato, Skopil & Hallock.

James L. Edmunson, Eugene, argued the cause for respondent. With him on the brief was Cole, Cary & Wing, P.C.

Before De MUNIZ, P.J., and HASELTON, J., and RICHARDSON, Senior Judge.


PER CURIAM.

Employer seeks judicial review of a Workers' Compensation Board's order adopting and affirming an order of the administrative law judge (ALJ) setting aside employer's denial of claimant's low back aggravation claim. Employer argues that the ALJ and, by extension, the Board erroneously assumed that proof of a symptomatic worsening, as opposed to a pathological worsening, of claimant's condition was sufficient to establish the statutorily required "actual...

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