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SAIF v. WEBBER

WCB Nos. 80-03390, 81-04831; CA A27731.

674 P.2d 74 (1984)

66 Or.App. 463

IN THE MATTER OF THE COMPENSATION OF ARNOLD L. WEBBER, Claimant. State Accident Insurance Fund Corporation, Petitioner, v. Arnold L. WEBBER and Ebi Companies, Respondents.

Court of Appeals of Oregon.

Decided January 11, 1984.

Reconsideration Denied February 24, 1984.

Attorney(s) appearing for the Case

Donna M. Parton, Associate Appellate Counsel, SAIF, Salem, argued the cause and filed the brief for petitioner.

Martin J. McKeown, Eugene, argued the cause and filed the brief for respondent Webber.

Deborah S. MacMillan, Springfield, argued the cause for respondent EBI Companies. With her on the brief were Daniel L. Meyers and Moscato & Meyers, Springfield.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

SAIF appeals an order of the Workers' Compensation Board which affirmed the referee and held that claimant had suffered both an aggravation of his pre-existing injury for which SAIF was responsible and a new injury for which EBI was responsible. In our de novo review, we reject the holding of split responsibility and find that claimant sustained only a new injury.

Claimant initially injured his low back in 1976, while working for an...

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