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MATTER OF COMPENSATION OF PERDUE

WCB No. 79-6785; CA 19342.

631 P.2d 346 (1981)

53 Or.App. 117

In the matter of the Compensation of Earl W. Perdue, Claimant. Earl W. Perdue, Petitioner, v. STATE ACCIDENT INSURANCE FUND CORPORATION, Respondent.

Court of Appeals of Oregon.

Decided July 13, 1981.

Attorney(s) appearing for the Case

Quentin D. Steele, Klamath Falls, argued the cause and filed the brief for petitioner.

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

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

THORNTON, Judge.

The principal question in this case is whether claimant suffered an aggravation of a January 13, 1977, lumbar strain or a new injury when, on April 9, 1979, he wrenched his back while turning over to climb out from under a house where he had been tearing out a rotted floor joist. The former injury occurred while claimant was employed by a contractor covered by SAIF. The second occurred while he was self-employed and uninsured. The referee found that...

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