International Paper Co. v. Miller

Employer seeks judicial review of a Workers’ Compensation Board’s order adopting and affirming an order of the administrative law judge (ALJ) setting aside employer’s denial of claimant’s low back aggravation claim. Employer argues that the ALJ and, by extension, the Board erroneously assumed that proof of a symtomatic worsening, as opposed to a pathological worsening, of claimant’s condition was sufficient to establish the statutorily required “actual worsening of the compensable condition.” ORS 656.273d).1 We agree with employer. SAIF v. Walker, 145 Or App 294, 930 P2d 230 (1996), rev…