Sullivan v. Banister Pipeline AM

I concur in the majority’s conclusion that claimant’s shoulder injury is compensable and that his depression was an “aggravation” of his compensable injury. However, because I believe that the majority misapplies ORS 656.156(1) as interpreted by this court in McGill v. SAIF, 81 Or App 210, 724 P2d 905, rev den 302 Or 461 (1986), I dissent from the holding regarding the suicide attempt.

My principal concern is that the majority has modified the causation principles articulated in McGill. It is my understanding, based on the language of the statute as well as this court’s decision in McGill…