Barrett v. D & H DRYWALL

Claimant contends that his preexisting asymptomatic osteoarthritis became symptomatic because of his compensable injury and, therefore, the symptoms, insofar as they produce loss of bodily function and consequent loss of earning capacity, are compensable as being “due to” his compensable injury under ORS 656.214(5). Claimant petitioned for judicial review of the order of the Workers’ Compensation Board, claiming that the Board erred in failing to consider his preexisting osteoarthritis in determining the extent of his permanent disability. The Court of Appeals first reversed the Board and…