IN RE COMPENSATION OF JOHNSON

02-04517; A121862.

96 P.3d 830 (2004)

194 Or.App. 689

In the Matter of the Compensation of Anna L. Johnson, Claimant. Anna L. JOHNSON, Petitioner, v. SAIF CORPORATION and the Board of Forestry, Respondents.

Court of Appeals of Oregon.

Decided August 25, 2004.


Attorney(s) appearing for the Case

James L. Edmunson argued the cause for petitioner. With him on the brief was Cary, Wing, Bloom & Edmunson, P.C.

David L. Runner, Special Assistant Attorney General, argued the cause for respondents. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and LINDER, Judge, and ROSENBLUM, Judge pro tempore.


LINDER, J.

Claimant seeks review of an order of the Workers' Compensation Board (board) that upheld SAIF's denial of her aggravation claim. We agree with claimant that the board applied an incorrect legal standard in concluding that claimant's medical evidence was legally insufficient to establish an actual worsening of her compensable condition. We therefore reverse and remand for further proceedings.

Claimant suffered a compensable injury to her low back...

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