Gwynn v. State Accident Insurance Fund Corp.

I agree with the majority that the award contemplated and compensated claimant for future periods of disability. However, I do not understand the Supreme Court’s opinion to hold that, whenever a claimant experiences time loss or becomes an inpatient in a hospital, he has established an aggravation, and I therefore dissent.

The Supreme Court posed the question as whether an award which contemplates future flareups will preclude an additional award under ORS 656.273 “for such flareups even if they produce greater disability than that for which the original award was made.” Gwynn v. SAIF, 304 Or…