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PETERSON v. EUGENE F. BURRILL LUMBER

CA A20708; SC 28773.

660 P.2d 1058 (1983)

294 Or. 537

In the Matter of the Compensation of Marvin Peterson, Claimant. Marvin PETERSON, Respondent on Review, v. EUGENE F. BURRILL LUMBER, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided March 8, 1983.

Attorney(s) appearing for the Case

Richard W. Davis, of Lindsay, Hart, Neil & Weigler, Portland, argued the cause and filed a brief for petitioner on review.

David C. Force, Eugene, argued the cause for respondent on review. On the brief was Steven C. Yates of Malagon, Velure & Yates, Eugene.

PETERSON, Justice.

In Grable v. Weyerhaeuser Co., 291 Or. 387, 631 P.2d 768 (1981), a worker suffered an on-the-job back injury and his employer accepted the claim. After the employee returned to work, he reinjured his back at home and made a claim against his employer, claiming that the worsening of his back problems resulted from the on-the-job injury. We held, under ORS 656.273(1), that if...

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