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D & M PRODUCTS, INC. v. WORKMEN'S COMP. BD.

567 P.2d 1066 (1977)

30 Or.App. 707

D & M PRODUCTS, INC., Petitioner, v. WORKMEN'S COMPENSATION BOARD, State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided August 22, 1977.

Attorney(s) appearing for the Case

William G. Purdy, Medford, argued the cause for petitioner. With him on the briefs was Frohnmayer & Deatherage, Medford.

Kevin L. Mannix, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the briefs was Cliff A. Allison, General Counsel, Workers' Comp. Bd., Salem.

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

TANZER, Judge.

Petitioner seeks review of an order of the Workers' Compensation Board denying it relief from the Second Injury Reserve fund.1

Petitioner's former employe suffered a compensable back injury which was aggravated by a congenital condition and by one or more prior injuries. Petitioner had no knowledge of the employe's preexisting disability at the time he was hired. On October 3, 1975, the Closing and Evaluation Division...

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