Richards v. Argonaut Insurance Companies

Because I would affirm the order of the Workers’ Compensation Board, I respectfully dissent.

As the majority correctly points out, for claimant to prevail on his aggravation claim, he must prove by a preponderance of the evidence that his 1979 injury was a material contributing cause of the worsening of his knee’s condition in 1982. ORS 656.273(1); Grable v. Weyerhaeuser, 291 Or 387, 631 P2d 768 (1981). He has not done so.

Both Dr. Mandiberg and Dr. Wells had to rely on histories given by claimant. Mandiberg had performed surgery on claimant’s right knee after his 1979 compensable injury *436and…