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MATTER OF COMPENSATION OF ELLIOTT

WCB Nos. 79-08090, 79-04846; CA A21216.

636 P.2d 1020 (1981)

In the matter of the Compensation of Kenneth L. Elliott, Claimant. Clayton's Automotive and Farmers Insurance Group, Petitioners, v. STAYTON AUTO SUPPLY, Scott Wetzel Services, Inc., and Kenneth L. Elliott, Respondents.

Court of Appeals of Oregon.

Decided December 1, 1981.

Attorney(s) appearing for the Case

Paul D. Clayton, Eugene, argued the cause for petitioners. With him on the brief was Luvaas, Cobb, Richards & Fraser, P.C., Eugene.

Emil R. Berg, Portland, argued the cause for respondents Stayton Auto Supply and Scott Wetzel Services, Inc. On the brief were Darryll E. Klein and Lang, Klein, Wolf, Smith, Griffith & Hallmark, Portland.

Robert Muir, Albany, argued the cause for respondent Kenneth L. Elliott. With him on the brief was Emmons, Kyle, Kropp & Kryger, Albany.

Before JOSEPH, C.J., and WARDEN and WARREN, JJ.

WARREN, Judge.

This case presents a factual question whether claimant's low back injury was an aggravation of a previous compensable injury or a new injury. The Workers' Compensation Board, affirming the referee, determined that it was a new injury. The responsible employer and insurer appeal, and we affirm.

In November, 1974, while working for Stayton Auto Supply (Stayton), claimant injured his low back lifting a wheel and tire. A lumbar laminectomy was performed...

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