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STONEMAN v. STATE ACC. INS. FUND

WCB No. 77-7483; CA 15759.

609 P.2d 408 (1980)

45 Or.App. 701

In the matter of the Compensation of Leland B. STONEMAN, Claimant, Petitioner, v. STATE Accident Insurance Fund and Crown Zellerbach Corp., As Self-Insured, Respondents.

Court of Appeals of Oregon.

Decided April 14, 1980.

Attorney(s) appearing for the Case

Tom Hanlon, Warrenton, argued the cause and filed the brief for petitioner.

Darrell E. Bewley, Associate Counsel, State Accident Insurance Fund, Salem, argued the cause for respondent State Accident Insurance Fund. With him on the brief were K.R. Maloney, Chief Counsel, and James A. Blevins, Chief Trial Counsel, Salem.

Elizabeth K. Reeve, Portland, argued the cause for respondent Crown Zellerbach Corp. With her on the brief were James D. Huegli, Ridgway K. Foley, J., and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

Before SCHWAB, C.J., and THORNTON and CAMPBELL, JJ.

THORNTON, Judge.

Claimant appeals from a Workers' Compensation Board order, affirming the order of the referee, holding that claimant failed to meet his burden of proving that his disability was the product of either a new injury or an aggravation of an earlier injury as opposed to the natural progression of a degenerative hip disease. Claimant contends that under the procedural posture of the case, the issue of the underlying compensability was improperly reached...

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