Peterson v. Eugene F. Burrill Lumber

In this workers’ compensation case, the referee ordered defendant to accept claimant’s aggravation claim under ORS 656.273. The Workers’ Compensation Board reversed, finding that claimant lacked credibility and that he had failed to carry his burden of proof. Claimant appeals, contending that the record is sufficient to prove that his current low back problems are a compensable aggravation of injuries sustained in an earlier industrial accident. We reverse.

To establish a compensable aggravation claim, claimant must show by a preponderance of the evidence that his worsened condition resulted…