SAIF Corp. v. January

Employer seeks judicial review of a Workers’ Compensation Board (Board) order allowing claimant’s aggravation claim. See ORS 656.273(1). The issue is whether claimant carried his burden to establish an “actual worsening” of his condition. As framed on review, that issue encompasses the legal question of whether claimant presented the type of evidence required to satisfy the “actual worsening” requirement, as well as the factual question of whether the Board’s finding of an “actual worsening” in this case is supported by substantial evidence. We conclude that the evidence on which the Board…