GETZ v. WONDER BUR

97-00652; A114152.

52 P.3d 1097 (2002)

183 Or.App. 494

In the Matter of the Compensation of Dennis M. Getz, Claimant. Dennis M. GETZ, Petitioner, v. WONDER BUR and Liberty Northwest Insurance Corporation, Respondents.

Court of Appeals of Oregon.

Decided August 28, 2002.


Attorney(s) appearing for the Case

Richard D. Adams, Grants Pass, argued the cause for petitioner. With him on the briefs was Myrick, Seagraves, Adams & Davis.

David O. Wilson argued the cause and filed the brief for respondents.

Before LANDAU, Presiding Judge, and BREWER and SCHUMAN, Judges.


SCHUMAN, J.

If a worker sustains a compensable injury and subsequently, as part of the claim closure and evaluation process, his physician orders an examination to determine the worker's residual capacity, and, during that exam, the worker sustains a second injury, is the second injury itself compensable? In this case, the Workers' Compensation Board (board) held that it was not, and claimant seeks judicial review. Because the material facts are not in dispute, we...

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