Barrett v. D & H Drywall

Employer and EBI Companies filed a petition for review in the Supreme Court, ORAP 10.05, which we treat as a petition for reconsideration. ORAP 10.10. In our former opinion, 70 Or App 123, 688 P2d 130 (1984), we reversed the Workers’ Compensation Board and held that a claimant’s preexisting medical condition is an element to be considered in determining the extent of unscheduled permanent partial disability, even though the claimant is unable to establish that the underlying condition was worsened or otherwise affected by the compensable industrial injury. We now withdraw our former opinion…