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IN THE MATTER OF HELMER v. STATE ACCIDENT INSURANCE FUND

572 P.2d 674 (1977)

31 Or.App. 1365

In the matter of the Compensation of Ellsworth O. HELMER, Claimant, Appellant. v. STATE ACCIDENT INSURANCE FUND, Respondent.

Court of Appeals of Oregon.

Decided December 27, 1977.

Attorney(s) appearing for the Case

Gregory L. Decker, Albany, argued the cause for appellant. With him on the brief were Richard T. Kropp and Emmons, Kyle, Kropp & Kryger, Albany.

Lawrence J. Hall, Associate Counsel, State Acc. Ins. Fund, Legal Division, Salem, argued the cause for respondent. With him on the brief were Keith R. Maloney, Chief Counsel, and James A. Blevins, Chief Trial Counsel, State Accident Insurance Fund, Legal Division, Salem.

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

PER CURIAM.

The only issue in this appeal is whether the claimant's present complaints and condition are the result of a prior compensable injury. The referee concluded that the claimant's back and neck condition had deteriorated since the prior closing order,1 and that the injury claimant sustained in 1972 was a material contributing factor to his present worsened condition. The Workers' Compensation Board and circuit court found that...

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