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MORGAN v. BEAVER HEAT TREATING CORP.

WCB Nos. 78-3224, 78-2631; CA 13675.

605 P.2d 732 (1980)

44 Or.App. 209

In the matter of the Compensation of Robert D. MORGAN, Claimant, Petitioner, v. BEAVER HEAT TREATING CORP., Employer, and State Accident Insurance Fund, Respondents.

Court of Appeals of Oregon.

Decided January 28, 1980.

Attorney(s) appearing for the Case

Robert K. Udziela, Portland, argued the cause for petitioner. With him on the brief was Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

Margaret H. Leek Leiberan, Portland, argued the cause for respondent Beaver Heat Treating Corp. With her on the brief was Lang, Klein, Wolf, Smith, Griffith & Hallmark, Portland.

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

Before BUTTLER, P.J., and GILLETTE and ROBERTS, JJ.

BUTTLER, Presiding Judge.

The principal issue in this worker's compensation case is whether claimant's upper back and neck condition is compensable. If it is, a subsidiary question is whether State Accident Insurance Fund or EBI is the responsible insurance carrier.

Claimant is a 39-year-old truck driver who worked for Beaver Heat Treating Corporation the last three years during which he worked. On April 25, 1977, he suffered a compensable injury to his low...

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