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LUMBERMEN'S MUT. INS. v. AETNA CAS. & SURETY

526 P.2d 589 (1974)

IN THE MATTER OF THE COMPENSATION OF EDWARD J. CARRAWAY, Claimant. LUMBERMEN's Mutual Insurance Company and Union Carbide Corporation, Appellants, v. AETNA CASUALTY & SURETY COMPANY, Respondent.

Court of Appeals of Oregon.

Decided September 23, 1974.

Attorney(s) appearing for the Case

Richard Wm. Davis, Portland, argued the cause for appellants. With him on the brief was Lindsay, Nahstoll, Hart, Duncan, Dafoe & Krause, Portland.

Ridgway K. Foley, Jr., Portland, argued the cause for respondent. With him on the brief were Souther, Spaulding, Kinsey, Williamson & Schwabe, Robert E. Joseph, Jr., and Michael D. Hoffman, Portland.

Before SCHWAB, C.J., and FOLEY and TANZER, JJ.

PER CURIAM.

The sole issue in this appeal is whether claimant, in a fall on June 14, 1972, suffered a new injury or an aggravation of a previous injury.

If the injury is an aggravation then defendant Aetna Casualty & Surety Company is responsible. If it is a new injury plaintiff Lumbermen's Mutual Insurance Company is responsible.

The hearing officer, initially, and the Workmen's Compensation Board and the circuit court, each, in its de novo review...

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