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SHORT v. STATE ACC. INS. FUND

WCB No. 75-3872; CA 11044 and WCB No. 76-6523-E; CA 12254.

590 P.2d 1238 (1979)

38 Or.App. 523

In the matter of the Compensation of Harley SHORT, Claimant, Petitioner, v. STATE Accident Insurance Fund, Lane County Sheriff's Department, States Veneer, Inc., and Aetna Casualty & Surety, Respondents. In the matter of the Compensation of Harley Short, Claimant, and State Accident Insurance Fund, Respondents, v. States Veneer, Inc. (Unisphere, Inc.) and Aetna Casualty and Surety Company, Petitioners.

Court of Appeals of Oregon.

Decided February 20, 1979.

Attorney(s) appearing for the Case

Samuel A. Hall, Jr., Eugene, argued the cause and filed the brief for petitioner Harley Short.

Richard W. Butler, Eugene, argued the cause for respondents/petitioners States Veneer, Inc., and Aetna Cas. Sur.

Earl Preston, Associate Counsel, State Acc. Ins. Fund, Eugene, argued the cause for respondents State Acc. Ins. Fund and Lane County Sheriff's Dept. With him on the brief were K.R. Maloney, Chief Counsel, and James A. Blevins, Chief Trial Counsel, State Acc. Ins. Fund, Eugene.

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

JOSEPH, Judge.

In 1968, while employed by States Veneer (whose carrier was Aetna), claimant suffered a compensable injury. The original award for that injury was determined more than five years before the event that started the cases involved here, and claimant could not therefore have made any direct aggravation claim relating to that injury. ORS 656.273. In 1975, while he was employed by Lane County (whose carrier is SAIF), he fell at work. He filed a new injury...

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