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YIELDING v. WEST FOODS, INC.

540 P.2d 1018 (1975)

In the matter of the Compensation of Herman YIELDING, Claimant. Herman Yielding, Appellant, v. WEST FOODS, INC., Respondent.

Court of Appeals of Oregon.

Decided October 13, 1975.

Attorney(s) appearing for the Case

C.S. Emmons, Albany, argued the cause for appellant. With him on the briefs were Emmons, Kyle, Kropp & Kryger and J. David Kryger, Albany.

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

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

LANGTRY, Judge.

Claimant, 59 years of age, worked as a foreman and general mechanic for West Foods. On September 20, 1973, while catching and shifting a heavy overhead gate on which a bolt broke, he testified that he felt muscles tear in his back. He continued work until November 1, 1973 before seeking medical aid for this injury. He was off work a few days, then returned to work on November 19, but quit on December 6, not giving the injury as the reason. His immediate...

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