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WELLER v. UNION CARBIDE CORP.

No. A7708-12042; CA 10478.

582 P.2d 8 (1978)

35 Or.App. 355

In the Matter of the Compensation of Harold J. WELLER, Claimant, and Aetna Life & Casualty Company, Respondents, v. UNION CARBIDE CORPORATION, Appellant.

Court of Appeals of Oregon.

Decided August 1, 1978.

Attorney(s) appearing for the Case

Noreen K. Saltveit, Portland, argued the cause for appellant. With her on the brief was Merten & Saltveit, Portland.

Keith Tichenor, Portland, argued the cause for respondent Harold J. Weller. With him on the brief was Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

Ridgway K. Foley, Jr., Portland, argued the cause for respondent Aetna Life & Cas. Co. With him on the brief were Souther, Spaulding, Kinsey, Williamson & Schwabe and Roger A. Luedtke, Portland.

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

SCHWAB, Chief Judge.

This is a worker's compensation occupational disease claim. The dispositive issue is whether the claim is compensable. The referee and Workers' Compensation Board ruled that it was not. The circuit court ruled that it was. We agree with the referee and Board, and therefore reverse the circuit court.

There is little dispute about the facts. Claimant began working as a crane operator in 1952. He injured his low back in a nonindustrial accident...

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