Florence v. State Accident Insurance Fund Corp.

I dissent from the majority opinion because I do not agree that “the Board’s resort to Weller is obscure.” 55 Or App at 470.

*471Weller v. Union Carbide Corporation, 288 Or 27, 29, 602 P2d 259 (1979), posed the following question: “Does a worker have a compensable claim where: (1) he has an underlying disease which is symptomatic; (2) his work results in a worsening of his symptoms not produced by a concomitant worsening of the underlying disease process; and (3) the worsening requires either medical services or results in disability or both?” The court then answered the question in the negative.1

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