Labor Ready, Inc. v. Gallimore

FILED: November 4, 1998

IN THE COURT OF APPEALS OF THE STATE OF OREGON

In the Matter of the Compensation of
Karen L. Gallimore, Claimant.

LABOR READY, INC.,

Petitioner,

v.

KAREN L. GALLIMORE,

Respondent.

(96-07968; CA A100462)

Judicial Review from Workers' Compensation Board.

Argued and submitted September 30, 1998.

Ridgway K. Foley, Jr., argued the cause for petitioner. With him on the brief were Greene & Markley, P.C., Ridgway K. Foley, Jr., P.C., Scott F. Gilman, and Breathouwer & Gilman.

Robert W. Pardington argued the cause for respondent. With him on the brief was Pozzi Wilson Atchison LLP.

Before De Muniz, Presiding Judge, and Deits, Chief Judge, and Linder, Judge.

PER CURIAM

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

De Muniz, P. J., dissenting.

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.