Legal Opinion · Dissent

Beaudry v. Winchester Plywood Company

Oregon Supreme Court

Decided May 13, 1970Published

1DissentMcALLISTEE, J.

I cannot concur in the majority’s holding that the legislature meant something other than what it said when it directed the medical board of review to answer the question “Does claimant suffer from an occupational disease or infection?” This court has previously said that the issue of the existence of an occupational disease is for the medical board. White v. State Ind. Acc. Com., 227 Or 306, 329, 362 P2d 302 (1961). I think that statement was correct, and that the qualifications in the majority opinion are unnecessary and unjustified.

Prior to 1959, the corresponding question for the medical…

2Cases cited2 opinions

  1. White v. State Industrial Accident CommissionOregon Supreme Court · 1961
  2. Pavlicek v. State Industrial Accident CommissionOregon Supreme Court · 1963

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