Multifoods Specialty Distribution v. McAtee

Employer seeks review of a Workers’ Compensation Board order overturning its denial of claimant’s combined condition. We review for substantial evidence and errors of law, ORS 656.298(7), ORS 183.482(7), (8), and reverse.

In 1981, claimant suffered a compensable low-back injury while working for Papa John’s Sandwich Co. Wausau Insurance Co. accepted the claim, and claimant underwent a lumbar laminectomy and discectomy at L5-S1. The postoperative diagnosis was a right side herniated disc at that location. The claim was closed in 1982 with a determination order that awarded claimant 20 percent…