International Paper Co. v. Comstock

Employer seeks review of an order of the Workers’ Compensation Board which affirmed the referee’s decision that claimant’s worsened cervical condition is compensable. Claimant injured his back while working for employer. He subsequently left that employment, became self-employed and elected not to be covered by workers’ compensation insurance. During his self-employment, he experienced increased back problems and underwent corrective surgery.

The referee and the Board determined that the test for compensability found in Grable v. Weyerhaeuser Company, 291 Or 387, 631 P2d 768 (1981), is the…