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· 3/1/2017

Brockway v. Allstate Property & Casualty Insurance Co.

Citations

  • 284 Or. App. 83
  • 391 P.3d 871
  • 2017 Ore. App. LEXIS 283

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that medical treatise evidence proffered by the appellant in connection with his lay testimony was insufficient to satisfy requirement of medical evidence of nexus to well-ground claim
  • affirming that § 1154(b) does not affect “Caluza’s medical nexus analysis” for a well-grounded claim
  • finding that generic medical literature, which does not apply medical principles to the facts of an individual case, does not provide competent evidence
  • assuming court in Collette intended to supplement Caluza’s medical-nexus analysis, rather than obviate it, and reaffirming that Caluza analysis
  • a physician's statement framed in terms such as \may\ or \could\ is not probative.
  • medical treatise evidence must demonstrate connection between service incur-rence and present injury or condition

Source: CourtListener parenthetical corpus (CC0).

Judges: Hadlock, Sercombe, Tookey

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.