Lucas v. Clark

The majority holds that there is not substantial evidence in the record to support the Board’s finding that, in reaching a settlement in 1984, the parties contemplated future flare-ups of claimant’s back condition. In Van Woesik v. Pacific Coca-Cola Co., 93 Or App 627, 629, 763 P2d 735, rev den 307 Or 571 (1988), we said:

“The first issue on remand is whether the last arrangement of compensation, a stipulated agreement dated February 3, 1983, contemplated that claimant would have periodic symptomatic flareups [sic] of his underlying condition. See Gwynn v. SAIF, [304 Or 345, 745 P2d 775…