Legal Opinion · Concurrence

Mize v. Comcast Corp-AT & T Broadband

Court of Appeals of Oregon

Decided October 11, 2006No. 04-05568; A128708Published

1ConcurrenceWollheim, P. J.

I agree with the result in this workers’ compensation case, but I disagree with the majority’s interpretation of ORS 656.245(1). Specifically, I disagree with the majority’s conclusion that any contribution by a work-related injury to a claimant’s current condition could be a material factor in the need for medical services “without regard to the amount of its contribution so long as the injury is a fact of consequence regarding the claimant’s condition.” 208 Or App at 570. In my view, the majority’s definition of the statutory term is not helpful. The majority has simply substituted for the…

2Cases cited15 opinions

  1. Olson v. State Industrial Accident CommissionOregon Supreme Court · 1960
  2. Dietz v. RamudaCourt of Appeals of Oregon · 1994
  3. Dietz v. RamudaOregon Supreme Court · 1995
  4. Van Blokland v. OR. HEALTH SCIENCES UNIVERSITYCourt of Appeals of Oregon · 1987
  5. Summit v. Weyerhaeuser CompanyCourt of Appeals of Oregon · 1976

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