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GILTNER v. COMMODORE CONTRACT CARRIERS

551 P.2d 118 (1976)

In the matter of the Compensation of Clarence GILTNER, Claimant, Respondent, v. COMMODORE CONTRACT CARRIERS and Liberty Mutual Insurance Company, Employer and Insurance Carrier, Each a Corporation Doing Business in the State of Oregon, Appellants.

Court of Appeals of Oregon.

Decided June 28, 1976.

Attorney(s) appearing for the Case

Keith D. Skelton, Portland, argued the cause and filed the brief for appellants.

Raymond J. Conboy, Portland, argued the cause for respondent. With him on the brief were Donald N. Atchison and Pozzi, Wilson & Atchison, Portland.

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

FOLEY, Judge.

Employer appeals from a circuit court determination that claimant is permanently and totally disabled. We reverse.

Claimant, now 38, received a back injury in July 1970 while working as a truck driver. Claimant had a previous back injury in 1967 which resulted in a back fusion in 1968. Since the July 1970 injury claimant has undergone two attempted repairs of the fusion, one in November 1970 and a re...

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