VAN RADEN INDUSTRIES v. SMITH

02-04043; A122814.

115 P.3d 941 (2005)

200 Or. App. 356

In the Matter of the Compensation of Ernest Smith, Claimant. VAN RADEN INDUSTRIES and Royal & Sunalliance, Petitioners, v. Ernest SMITH, Respondent.

Court of Appeals of Oregon.

Decided June 22, 2005.


Attorney(s) appearing for the Case

Jerald P. Keene argued the cause and filed the briefs for petitioners.

Geoffrey Wren, Portland, argued the cause for respondent. With him on the brief was Hill & Wren, LLP.

Before LANDAU, Presiding Judge, ARMSTRONG, Judge, and DEITS, Judge pro tempore.


ARMSTRONG, J.

Employer seeks review of an order of the Workers' Compensation Board determining that claimant's right carpal tunnel syndrome is compensable. Employer contends that the board erred in relying on the opinion of Dr. Nye, claimant's attending physician, because, contrary to the board's finding, the opinion fails to consider the contribution of claimant's left wrist condition as a preexisting condition. For that reason, employer contends, the board's order...

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