Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number

In the Matter of the Compensation of Ste v. Krajacic, Claimant. KRAJACIC, Petitioner,

DEITS, J.

Affirmed.

DEITS, J.

This case is on remand from the Supreme Court for reconsideration in the light of Gwynn v. SAIF, 304 Or. 345, 746 P.2d 218 (1987). We adhere to our former opinion. 84 Or. App. 127, 733 P.2d 113, modified 85 Or. App. 477, 737 P.2d 617 (1987).

In Gwynn, the claimant had suffered a disabling injury and had entered into a settlement agreement which awarded compensation for permanent partial disability. The issue was whether the claimant's award contemplated future "waxing and waning" of his symptoms and, if so, whether the claimant had established a "worsening" of the condition entitling him to additional compensation.

This case involves a claimant with symptoms that have "waxed and waned"; the issue is whether claimant has proven a worsening. However, the holding in Gwynn is inapplicable, because, in contrast to Gwynn, where the claimant's injury was disabling and he was awarded permanent partial disability, this claimant's condition was nondisabling, and he has never received an award of compensation.

Affirmed.

Use AI to get other relevant cases.

Comments

KRAJACIC v. BLAZING ORCHARDS
(Jul 6, 1988)