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LEEP v. STATE ACC. INS. FUND

WCB Nos. 78-4305, 78-5090; CA 15141.

608 P.2d 1218 (1980)

45 Or.App. 591

In the matter of the Compensation of Leroy E. LEEP, Respondent and Cross-Petitioner, v. STATE Accident Insurance Fund, Petitioner and Cross-Respondent, West Coast Trucking, Respondent.

Court of Appeals of Oregon.

Decided April 7, 1980.

Attorney(s) appearing for the Case

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

Robert K. Udziela, Portland, argued the cause for respondent and cross-petitioner. On the brief were Dan O'Leary, William J. Scheiderich, and Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

Eileen Tuhy Cole, Medford, argued the cause for respondent. With her on the brief was Velure & Heysell, Medford.

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

THORNTON, Judge.

The State Accident Insurance Fund (SAIF) appeals from an order of the Workers' Compensation Board (Board) which reversed the referee's order and directed SAIF to allow claimant's claim for a new injury.

Claimant had first filed a claim for aggravation with the employe's carrier, Mission Insurance Group (Mission). After this claim was rejected by the carrier, he filed a claim for a new injury with SAIF. It was also denied. The referee affirmed...

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