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GILROY v. GENERAL DISTRIBUTORS

No. A7708-12152; CA 9699.

582 P.2d 428 (1978)

35 Or.App. 316

In the Matter of the Compensation of Michael D. GILROY, Claimant, Respondent-Cross-Appellant, State Accident Insurance Fund, Respondent, v. GENERAL DISTRIBUTORS, Employer, Appellant.

Court of Appeals of Oregon.

Decided August 1, 1978.

Attorney(s) appearing for the Case

Daryll E. Klein, Portland, argued the cause and filed the brief for appellant.

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

Sidney A. Galton, Portland, argued the cause for respondent-cross-appellant. With him on the brief was Galton, Popick & Scott, Portland.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.

SCHWAB, Chief Judge.

Remanded.

This worker's compensation appeal presents two issues: (1) did the claimant suffer a new injury or an aggravation of a March, 1974, injury or both; and (2) was the claimant entitled to an award of a penalty and attorney fees because of the failure of his employer's current insurer to pay him compensation or deny the claim within 14 days of the employer's receipt of notice or knowledge of claimant's claim?

I

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