GODE v. SAIF

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Docket Number

WCB No. 00-06287; A113261

Attorney(S)

Floyd H. Shebley argued the cause and filed the brief for petitioner. David L. Runner argued the cause and filed the brief for respondents.

Judges

WOLLHEIM, J., concurring.
PER CURIAM

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In the Matter of the Compensation of Charles R. Gode, Claimant. CHARLES R. GODE, Petitioner, v. SAIF CORPORATION and ARMSTRONG MFG. CO., Respondents.

PER CURIAM

Affirmed. SAIF v. Lewis, 170 Or. App. 201, 12 P.3d 498 (2000), rev allowed 331 Or. 692 (2001).

Wollheim, J., concurring.

WOLLHEIM, J., concurring.

I concur here because the result is mandated by SAIF v. Lewis, 170 Or. App. 201, 12 P.3d 498 (2000), rev allowed 331 Or. 692 (2001). However, it is undisputed that claimant's headaches are compensable. Claimant's attending physician, SAIF's physician, and the medical arbiter all agree that claimant's compensable headaches have caused claimant to be unable to perform his regular employment as a design engineer. Yet, claimant will not be compensated for this loss because the technology does not exist to reproduce, measure, or observe claimant's headaches.

In the Matter of the Compensation of Charles R. Gode, Claimant. CHARLES R. GODE, Petitioner, v. SAIF CORPORATION and ARMSTRONG MFG. CO., Respondents.

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