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SAIF CORPORATION v. WALKER

(WCB 93-07081; CA A89100; SC S44116)

996 P.2d 979 (2000)

330 Or. 102

In the Matter of the Compensation of Roland A. Walker, Claimant. SAIF CORPORATION, Insurer, and Gold Creek Center, Inc., Employer, Respondents on Review, v. Roland A. WALKER, Petitioner on Review.

Supreme Court of Oregon.

Decided March 16, 2000.

Attorney(s) appearing for the Case

Robert Wollheim, of Welch, Bruun, Green & Wollheim, Portland, argued the cause for petitioner on review. With him on the petition and brief on the merits was W. Todd Westmoreland, Tillamook.

David L. Runner, SAIF Corporation, Salem, argued the cause and filed the brief on the merits for respondents on review. On the response to the petition for review was Julene M. Quinn, SAIF Corporation, Salem.

James L. Edmunson and G. Duff Bloom, of Cole, Cary & Wing, P.C., Eugene, filed a brief on behalf of amici curiae Oregon Trial Lawyers Association and Oregon Workers' Compensation Attorneys.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, and DURHAM, Justices.

CARSON, C.J.

In this workers' compensation case, we must interpret the wording of ORS 656.273(1) (1995),1 which sets out the requirements for establishing a worsened condition for the purpose of filing an aggravation claim. The Court of Appeals concluded that, under that statute, a worker must prove a "pathological" worsening of the underlying condition itself, rather than only a worsening of symptoms. SAIF v. Walker,

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