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Saif Corp. v. Terry

Citations: 1995 Ore. App. LEXIS 1643; 138 Or. App. 179; 905 P.2d 1187Docket: WCB 93-03582, 92-15766; CA A85179

Court: Court of Appeals of Oregon; November 28, 1995; Oregon; State Appellate Court

Narrative Opinion Summary

SAIF and the employer are appealing a Workers’ Compensation Board order that determined the claimant sustained a compensable neck injury. The relevant statute, ORS 656.005(7)(a)(B), has been amended by Oregon Laws 1995, chapter 332. As the amended statute applies to this case, the court has reversed the previous order and remanded the case for reconsideration under the new law, citing the precedent set in Volk v. America West Airlines, 135 Or App 565, 899 P2d 746 (1995).

Legal Issues Addressed

Application of Amended Workers’ Compensation Statute

Application: The court applied the amended version of ORS 656.005(7)(a)(B) to determine the compensability of the claimant's neck injury, leading to the reversal of the previous order.

Reasoning: As the amended statute applies to this case, the court has reversed the previous order and remanded the case for reconsideration under the new law.

Precedential Impact in Workers’ Compensation Cases

Application: The court referenced the precedent set in Volk v. America West Airlines to guide its decision on the application of the amended statute.

Reasoning: The court has reversed the previous order and remanded the case for reconsideration under the new law, citing the precedent set in Volk v. America West Airlines, 135 Or App 565, 899 P2d 746 (1995).