Court of Appeals of Oregon, 1988

Benninger v. Weyerhaeuser Co.

Benninger v. Weyerhaeuser Co.
Court of Appeals of Oregon · Decided August 24, 1988 · Newman, Richardson, Riggs, Tempore
92 Or. App. 709; 759 P.2d 1142; 1988 Ore. App. LEXIS 1474

Benninger v. Weyerhaeuser Co.

Opinion of the Court

PER CURIAM

In this workers’ compensation case, we review for substantial evidence. Armstrong v. Asten-Hill Co., 90 Or App 200, 752 P2d 312 (1988).

The referee held, on the basis of detailed findings of fact, that claimant’s lower back condition was compensable as a material worsening of a 1985 on-the-job injury. On de novo review, the Board reversed. The Board’s order is inadequate for judicial review. Although the order concludes that claimant’s condition is the result of an off-the-job injury, it contains inadequate findings or explanation to support that conclusion. “When the Board reverses, adequate judicial review requires specific findings in the Board’s opinion substantiating its contrary conclusion.” Johnston v. James River Corporation, 91 Or App 721, 756 P2d 696 (1988).

Reversed and remanded for reconsideration.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.