Court of Appeals of Oregon, 1998

Labor Ready, Inc. v. Gallimore

Labor Ready, Inc. v. Gallimore
Court of Appeals of Oregon · Decided November 4, 1998 · Deits, Linder, Muniz
157 Or. App. 184; 966 P.2d 832; 1998 Ore. App. LEXIS 1966

Labor Ready, Inc. v. Gallimore

Dissenting Opinion

DE MUNIZ, P. J.,

dissenting.

In SAIF v. Falconer, 154 Or App 511, 963 P2d 50 (1998), this court held that a stiff neck is compensable as a mental disorder under ORS 656.802, the occupational disease law. I dissented in Falconer because there was no evidence that the medical or psychological community recognizes a stiff neck as a mental disorder, as required by ORS 656.802(3)(c).

Here, the majority now holds, on the basis of Falconer, that a herniated disc is a mental disorder. That is an extraordinary conclusion. For the reasons I dissented in Falconer, I dissent here.

Opinion of the Court

PER CURIAM

Affirmed. SAIF v. Falconer, 154 Or App 511, 963 P2d 50 (1998).

De Muniz, P. J., dissenting.

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