Cain v. Woolley Enterprises

The Supreme Court remanded this case to us for reconsideration in the light of its decision in Compton v. Weyerhaeuser Co., 301 Or 641, 724 P2d 814, (1986). The question is whether additional evidence not available at the time of the hearing should be considered in determining whether claimant suffered an aggravation of a compensable back injury.

In March, 1983, the referee found that claimant had suffered an aggravation, relying on Dr. Smith’s “unopposed recommendation for further surgery.” After the surgery, but without reviewing surgical reports, the Board determined that claimant had not…