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KARJALAINEN v. CURTIS JOHNSTON & PENNYWISE

03-03986, 03-06069; A127490.

146 P.3d 336 (2006)

208 Or. App. 674

In the Matter of the Compensation of Adam M. Karjalainen, Claimant. Adam M. KARJALAINEN, Petitioner, v. CURTIS JOHNSTON & PENNYWISE, INC., and Hartford Insurance Company, Respondents.

Court of Appeals of Oregon.

Argued and Submitted April 24, 2006.

Decided October 18, 2006.

Attorney(s) appearing for the Case

R. Adian Martin argued the cause and filed the briefs for petitioner.

John E. Snarskis, Portland, argued the cause and filed the brief for respondents.

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

LANDAU, P.J.

At issue in this case is whether claimant has a "preexisting condition" that triggers a more demanding burden of proof under the workers' compensation statutes. A "preexisting condition" is one that, among other things, has been either diagnosed or treated as of the time of injury. ORS 656.005(24)(a). That definition is subject to an exception for "arthritis or an arthritic condition." Id. That is, arthritis or an arthritic condition need not have...

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