Legal Opinion · Dissent

Garbutt v. SAIF Corp.

Oregon Supreme Court

Decided May 22, 1984No. WCB 80-11364; SAIF D 4992; CA A27709; SC S30281Published

1DissentPeterson, C. J.

Before 1973, ORS 656.271 contained the jurisdictional requirement that when a claim for aggravation was filed it “must be supported by a written opinion from a physician that there are reasonable grounds for the claim.” The requirement of a “written opinion from a physician” as a condition to filing a claim for worsening is to be distinguished from the rule that “where injuries complained of are of such character as to require skilled and professional persons to determine the cause and extent thereof, the question is one of science and must necessarily be determined by testimony of skilled,…

2Cases cited3 opinions

  1. Uris v. State Compensation DepartmentOregon Supreme Court · 1967
  2. Larson v. State Compensation DepartmentOregon Supreme Court · 1968
  3. Oakley v. State Accident Insurance Fund Corp.Court of Appeals of Oregon · 1983

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