Weiland v. SAIF Corp.
| Decision Date | 05 October 1983 |
| Docket Number | Nos. 79-06914,79-03871,s. 79-06914 |
| Citation | 64 Or.App. 810,669 P.2d 1163 |
| Parties | In the Matter of the Compensation of George F. Weiland, Claimant. George WEILAND, Petitioner, v. SAIF CORPORATION, Respondent. WCB; CA A25284. |
| Court | Oregon Court of Appeals |
Peter W. McSwain, Eugene, argued the cause for petitioner. On the brief was David C. Force, Eugene.
Donna M. Parton, Associate Appellate Counsel, S.A.I.F. Corp., Salem, argued the cause for respondent. With her on the brief was Darrell E. Bewley, Appellate Counsel, S.A.I.F. Corp., Salem.
Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.
Claimant appeals an order of the Workers' Compensation Board that reversed the referee and held that claimant's occupational disease was not caused by his employment at Lane County. He further appeals the Board's affirmance of the referee's holding that he had not timely filed his claim against Linn County. We hold that the Board erred in the first holding and reverse. 1
Claimant seeks compensation for transient visual loss and migraine headaches, which he claims are an occupational disease caused by anxiety and stress in his employment. He became employed as a law enforcement officer in 1961. Within a year of that date, he suffered his first migraine headache. After he had undergone a series of tests, his condition was diagnosed as being related to tension. The headaches subsided, and he continued his employment. In 1969, while employed as a deputy sheriff in Linn County, he was accused of the misdemeanor of false swearing resulting from testimony he had given about the performance of his duties in a criminal case. He resigned under pressure. Thereafter, he was acquitted of the charges in a jury trial. After leaving Linn County, claimant left law enforcement for approximately two years, during which time he went to school and worked in a mill. During this period, he had no problem with headaches. In 1972, he became employed as a deputy sheriff with Lane County. In approximately 1974 or 1975, he began to have transient visual loss, beginning with small black dots on the right visual field of both eyes lasting 20 to 25 minutes. These periods of transient visual loss were followed by periods of "throbbing, pounding left posterior headache" which left when he was able to sleep them off. He would be lethargic for a day or so after these headaches. His condition gradually worsened until the transient visual loss involved total blindness and occurred on a more frequent basis. Eventually, his employer became aware of the blindness, and claimant was retired as being unfit for duty.
The issue is whether claimant's condition is causally related to his employment at Linn County, his employment at Lane County or to stress factors which occurred off the job. 2 The only evidence of stress at Linn County is the accusation of false swearing that resulted in his resignation. He testified that his employment at Lane County was very difficult, because his captain " * * * would work my men against, try to work my men against me * * *." He also testified that during his off hours he was subjected to frequent calls from police officers requiring his supervision. Finally, he testified that, whenever he was called to testify in a criminal case as a result of his police work, He testified that, prior to being a police officer for Lane County, he did not have headaches on a regular basis and had never suffered from loss of vision or serious depression.
To continue reading
Request your trial
-
Sullivan v. SAIF Corp. (In re Culley)
...for his symptoms for two years, Herring was in the best position to evaluate the cause of Culley's symptoms. See Weiland v. SAIF , 64 Or. App. 810, 814, 669 P.2d 1163 (1983) ("When the medical evidence is divided, we have tended to give greater weight to the conclusions of a claimant's trea......
-
Lee v. Freightliner Corp.
...in the absence of persuasive reasons not to do so. See Taylor v. SAIF, 75 Or.App. 583, 585, 706 P.2d 1023 (1985); Weiland v. SAIF, 64 Or.App. 810, 814, 669 P.2d 1163 (1983).2 We defer to the referee's express finding of credibility in this case. See Bush v. SAIF, 68 Or.App. 230, 233, 680 P.......
-
Saif Corp. v. Carlos-Macias (In re Comp. of Carlos-Macias)
...diagnostic tests, the board gave greater weight to the opinion of the attending physician, Lin, in accordance with Weiland v. SAIF, 64 Or.App. 810, 814, 669 P.2d 1163 (1983). Absent any persuasive reason to disregard the opinion of Lin, we see no reason to disturb that finding. Although we ......
-
Dillon v. Whirlpool Corp.
...treating physician, Silver had better information about the claimant's condition. To similar effect is our opinion in Weiland v. SAIF, 64 Or.App. 810, 669 P.2d 1163 (1983). In that case, we noted our tendency to give greater weight to the opinions of treating physicians in the absence of pe......