Legal Opinion

Johnson v. Argonaut Insurance

Court of Appeals of Oregon

Decided May 14, 1986No. 82-06854; CA A36179Published

1Opinion of the CourtRichardson, P. J.

The issue in this workers’ compensation case is whether claimant has proven an aggravation of his compensable low back injury. See ORS 656.273(1). The Workers’ Compensation Board found that claimant was not credible and therefore reversed the referee’s order, which had held that claimant had proved his claim. We affirm.

Although we agree with the Board that claimant’s credibility is suspect, it is not so weak that it completely undermines his claim. However, even assuming that claimant is credible, he has failed to prove his claim.

To establish an aggravation claim, a claimant must prove by a…

2Cases cited5 opinions

  1. Consolidated Freightways v. FousheeCourt of Appeals of Oregon · 1986
  2. Hoke v. Libby, McNeil & LibbyCourt of Appeals of Oregon · 1985
  3. Smith v. State Accident Insurance Fund Corp.Court of Appeals of Oregon · 1986
  4. Miller v. SAIF Corp.Court of Appeals of Oregon · 1986
  5. McElmurry v. Roseburg School DistrictCourt of Appeals of Oregon · 1986

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