Gwynn v. State Accident Insurance Fund Corp.

The issue is whether an award of compensation for permanent partial disability that is based in part on a prediction that from time to time “future symptomatic flareups” will occur precludes an award of compensation under ORS 656.273(1) for such flareups even if they produce greater disability than that for which the original award was made. We hold that it does not.

Claimant, who had received a workers’ compensation award for unscheduled permanent partial disability, filed a claim under ORS 656.273 with respondent State Accident Insurance Fund (SAIF). SAIF denied the claim. On judicial review…