HARRIS v. ALBERTSON'S INC.

No. 78-07592; CA A26123.

670 P.2d 1059 (1983)

65 Or.App. 254

In the matter of the Compensation of Richard D. HARRIS, Claimant. Richard D. Harris, Petitioner, v. ALBERTSON'S INC., Employer, and Scott Wetzel Services, Inc., Carrier, Respondents.

Court of Appeals of Oregon.

Decided October 26, 1983.


Attorney(s) appearing for the Case

Robert K. Udziela, Portland, argued the cause for petitioner. With him on the brief was Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland.

LaVonne Reimer, Portland, argued the cause for respondents. With her on the brief was Lindsay, Hart, Neil & Weigler, Portland.

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


GILLETTE, Presiding Judge.

Claimant appeals from an order of the Workers' Compensation Board (Board) affirming a referee's determination that claimant's lower back condition is not compensable. We reverse.

On December 26, 1977, claimant, a 48 year old frozen food key man and occasional grocery checker at Albertson's, was injured in an off-the-job rear-end automobile accident. Following the accident, claimant was treated for pain in his entire spine, with most...

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