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MATTER OF COMPENSATION OF ELLIOTT

WCB Nos. 80-01598, 80-04905; CA A22533.

656 P.2d 378 (1983)

61 Or.App. 269

In the matter of the Compensation of Patrick Elliott, Claimant. Patrick Elliott, Petitioner, v. LOVENESS LUMBER CO., Argonaut Insurance Company, and Ebi Companies, Respondents.

Court of Appeals of Oregon.

Decided January 12, 1983.

Attorney(s) appearing for the Case

Robert Udziela, Portland, argued the cause for petitioner. On the brief was David R. Vandenberg, Jr., Klamath Falls.

No appearance for respondent Loveness Lumber Co.

Brian L. Pocock, Eugene, waived appearance for respondent Argonaut Ins. Co.

Emil R. Berg, Portland, argued the cause for respondent EBI Companies. With him on the briefs was Wolf, Griffith, Bittner, Abbott & Roberts, Portland.

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

WARDEN, Judge.

Claimant appeals an order on reconsideration of the Workers' Compensation Board that eliminated the 25 percent penalty that had been imposed on EBI Companies for unreasonably refusing to pay compensation.

Claimant suffered an on-the-job injury to his lower back on November 15, 1979, when his employer was insured by Argonaut Insurance Company. That injury was an aggravation of a previous injury incurred on June 22, 1978, while claimant was working...

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