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INDUSTRIAL INDEMNITY CO. v. KEARNS

81-11626 and 82-05409; CA A28755.

690 P.2d 1068 (1984)

70 Or.App. 583

In the Matter of the Compensation of Duane Kearns, Claimant. INDUSTRIAL INDEMNITY COMPANY, Petitioner, v. Duane KEARNS, and Ebi Companies, Respondents.

Court of Appeals of Oregon.

Decided October 31, 1984.

Attorney(s) appearing for the Case

John E. Snarksis, Portland, argued the cause and filed the brief for petitioner.

Charles Colett, Portland, argued the cause for respondent Duane Kearns. With him on the brief were Jill Backes and Galton, Popick & Scott, Portland.

Jerald P. Keene, Portland, argued the cause for respondent EBI Companies. With him on the brief was Roberts, Reinisch & Klor, P.C., Portland.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

VAN HOOMISSEN, Judge.

Industrial Indemnity seeks judicial review of a Workers' Compensation Board determination that it is responsible for paying claimant aggravation benefits. The sole issue is responsibility. On de novo review, ORS 656.298(6), we affirm.

Claimant strained his low back in 1968. He was awarded 5 percent unscheduled disability when his claim was closed in 1969. He was injured again in 1972. He was awarded an additional 5 percent unscheduled...

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