MIZE v. COMCAST CORP-AT & T BROADBAND

04-05568; A128708.

145 P.3d 315 (2006)

208 Or. App. 563

In the Matter of the Compensation of Jerry E. Mize, Claimant. Jerry E. MIZE, Petitioner, v. COMCAST CORP-AT & T BROADBAND, Respondent.

Court of Appeals of Oregon.

Decided October 11, 2006.


Attorney(s) appearing for the Case

George J. Wall, Portland, argued the cause for petitioner. With him on the briefs was Welch, Bruun & Green.

Howard R. Nielsen argued the cause for respondent. With him on the brief was The Gilroy Law Firm, P.C.

Before WOLLHEIM, Presiding Judge, and EDMONDS and ARMSTRONG, Judges.


EDMONDS, J.

The threshold issue in this case concerns the meaning of the phrase "in material part" in ORS 656.245(1)(a).1 Claimant seeks judicial review after the Workers' Compensation Board (board) ruled that he had failed to meet his burden to show that his compensable injury was a material cause of his current need for treatment. In reaching its decision, the board reasoned that the word "material" in the above phrase required claimant...

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