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MATTER OF COMPENSATION OF McALLISTER

Nos. 80-08117, 80-08118; CA A24001.

660 P.2d 1082 (1983)

62 Or.App. 449

In the Matter of the Compensation of Kevin J. McAllister, Claimant. HOFFMAN CONSTRUCTION CO., Petitioner, v. Kevin J. McAllister, Respondent-Cross-Petitioner, and State Accident Insurance Fund Corporation, Respondent-Cross-Respondent.

Court of Appeals of Oregon.

Decided March 30, 1983.

Attorney(s) appearing for the Case

J.P. Graff, Eugene, argued the cause for petitioner. On the briefs were Katherine H. O'Neil, Lawrance L. Paulson and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

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

Emil R. Berg, Portland, argued the cause for respondent-cross-respondent. With him on the brief was Wolf, Griffith, Bittner, Abbott & Roberts, Portland.

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

YOUNG, Judge.

The issues in this workers' compensation case are whether claimant suffered a second injury and, if so, whether the employer at the time of the original injury or the employer at the time of the second injury is responsible for compensation. We review de novo, ORS 656.298(6), and affirm the decision of the Workers' Compensation Board.

Claimant was injured on the job January 5, 1979, suffering a severe muscle injury to his neck and to a...

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