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WELLER v. UNION CARBIDE CORP.

No. A7708-12042; CA 10478; SC 25785.

602 P.2d 259 (1979)

288 Or. 27

In the matter of the Compensation of Harold J. WELLER, Claimant, Petitioner, Aetna Life & Casualty Company, Respondent, v. UNION CARBIDE CORPORATION, Respondent.

Supreme Court of Oregon.

Decided November 6, 1979.

Attorney(s) appearing for the Case

Raymond Conboy, Portland, argued the cause for petitioner. On the brief was Keith E. Tichenor and Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

Noreen K. Saltveit of Merten & Saltveit, Portland, argued the cause and filed briefs for respondent Union Carbide Corp.

Ridgway K. Foley, Jr., Portland, argued the cause for respondent Aetna Life & Cas. Co. With him on the briefs were Roger A. Luedtke and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

Evohl F. Malagon and Steven C. Yates, Eugene, filed a brief amicus curiae for the Oregon Trial Lawyers Association.

Before DENECKE, C.J., and HOLMAN, HOWELL, LENT and LINDE, JJ.

LENT, Justice.

This is a contested claim for workers' compensation benefits for occupational disease, ORS 656.802 to 656.824. The following issue is posed: Does a worker have a compensable claim where: (1) he has an underlying disease which is symptomatic; (2) his work results in a worsening of his symptoms not produced by a concomitant worsening of the underlying disease process; and (3) the worsening requires either medical services or results in disability or both...

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