HILL v. QWEST

00-00088; A112816

35 P.3d 1051 (2001)

178 Or. App. 137

In the Matter of the Compensation of Robert E. Hill, Claimant. Robert E. HILL, Petitioner, v. QWEST, Respondent.

Court of Appeals of Oregon.

Decided November 14, 2001.


Attorney(s) appearing for the Case

Robert F. Webber, Medford, argued the cause for petitioner. With him on the brief was Black, Chapman, Webber & Stevens.

Marjorie A. Speirs, Portland, argued the cause for respondent. With her on the brief were Janet M. Schroer and Hoffman, Hart & Wagner, LLP.

Before LANDAU, Presiding Judge, and BREWER and SCHUMAN, Judges.


SCHUMAN, J.

Claimant sought workers' compensation benefits for a back condition. Qwest (employer) issued a denial based on medical evidence that the condition was caused by degeneration of the spine unrelated to employment. On administrative review, claimant argued that employer had already accepted an earlier claim that included the degenerative back condition and that employer was therefore precluded from subsequently denying it. Employer responded that its earlier...

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