GODE v. SAIF, 178 Or. App. 413 (2001)

37 P.3d 1030

In the Matter of the Compensation of Charles R. Gode, Claimant. CHARLES R. GODE, Petitioner, v. SAIF CORPORATION and ARMSTRONG MFG. CO., Respondents.

WCB No. 00-06287; A113261Oregon Court of Appeals.Argued and submitted November 20, 2001.
Filed: December 19, 2001

Judicial Review from Workers’ Compensation Board.

Floyd H. Shebley argued the cause and filed the brief for petitioner.

David L. Runner argued the cause and filed the brief for respondents.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

PER CURIAM

Affirmed. SAIF v. Lewis, 170 Or. App. 201, 12 P.3d 498 (2000) rev allowed 331 Or. 692 (2001).

Wollheim, J., concurring.

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WOLLHEIM, J., concurring.

I concur here because the result is mandated by SAIF v. Lewis, 170 Or. App. 201, 12 P.3d 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.

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