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DEATON v. STATE ACC. INS. FUND

576 P.2d 35 (1978)

33 Or.App. 261

In the matter of the Compensation of Henry C. DEATON, Claimant, Appellant, v. STATE Accident Insurance Fund, Respondent.

Court of Appeals of Oregon.

Decided March 20, 1978.

Attorney(s) appearing for the Case

Keith E. Tichenor, Portland, argued the cause for appellant. With him on the brief was Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

Earl M. Preston, Associate Counsel, Portland, argued the cause for respondent. With him on the brief were K.R. Maloney, Chief Counsel, and James A. Blevins, Chief Trial Counsel, Salem.

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

TANZER, Judge.

In this workers' compensation case, claimant suffered an industrial back injury in 1971 for which he claimed permanent total disability and was awarded 75 percent of total disability. Deaton v. SAIF, 13 Or.App. 298, 509 P.2d 1215 (1973). In 1974, a claim for aggravation was dismissed. This is a second claim for aggravation. The hearings officer, Workers' Compensation Board and circuit court found that there was...

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