Sibley v. City of Phoenix

DE MUNIZ, J.,

concurring.

I agree with the majority that the legislative history compels the conclusion that claimant’s hypertension does not come within ORS 656.802(l)(c). See also Aetna Casualty Co. v. Aschbacher, 107 Or App 494, 812 P2d 844 (1991). However, I am perplexed about why the legislature excluded an entire category of workers with physical problems requiring medical treatment resulting from on-the-job emotional stress. Claimant has made no constitutional challenge to that legislative determination.

Rossman, J., joins in this concurrence.