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MATTER OF COMPENSATION OF DeGRAFF

WCB Nos. 78-7405, 78-9173; CA 19196.

628 P.2d 437 (1981)

52 Or.App. 317

In the matter of the Compensation of Robert DeGraff, Claimant. J.C. Compton Company, Petitioner, v. ROBERT DEGRAFF AND STATE ACCIDENT INSURANCE FUND CORPORATION, Respondents.

Court of Appeals of Oregon.

Decided May 18, 1981.

Review Denied July 28, 1981.

Attorney(s) appearing for the Case

David O. Horne, Beaverton, argued the cause and filed the brief for petitioner.

Rolf T. Olson, Salem, argued the cause for respondent Robert DeGraff. With him on the brief was Olson, Hittle, Gardner & Evans, Salem.

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

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

ROBERTS, Judge.

The first issue in this appeal from the Workers' Compensation Board is whether claimant's injury is compensable as an aggravation, as the referee found, or as a new injury, as the Board found. The resolution of that question determines which of two insurers, SAIF or Employers' Mutual of Wausau ("Wausau"), is the responsible carrier.

Claimant first injured his back in 1975 and as a result underwent a lumbar laminectomy. His claim was closed...

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