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In the Matter of the Compensation of Charles R. Gode, Claimant. Charles R. GODE, Petitioner, v. SAIF CORPORATION and Armstrong Mfg. Co., Respondents

Oregon Court of Appeals2001-12-19No. WCB No. 00-06287; A113261
178 Or. App. 41337 P.3d 1030

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER CURIAM

Affirmed. SAIF v. Lewis, 170 Or App 201, 12 P3d 498 (2000), rev allowed 331 Or 692 (2001). Wollheim, J., concurring.

concurrence opinion

WOLLHEIM, J.,

concurring.

I concur here because the result is mandated by SAIF v. Lewis, 170 Or App 201, 12 P3d 498 (2000), rev allowed 331 Or 692 (2001). However, it is undisputed that claimant’s headaches are compensable. Claimant’s attending physician, SAIF’s physician, and the medical arbiter all agree that claimant’s compensable headaches have caused claimant to be unable to perform his regular employment as a design engineer. Yet, claimant will not be compensated for this loss because the technology does not exist to reproduce, measure, or observe claimant’s headaches.