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CHASTAIN v. STATE ACCIDENT INS. FUND CORP.

81-03963, 81-03962; CA A30590.

695 P.2d 978 (1985)

72 Or.App. 422

In the matter of the Compensation of Darrel A. CHASTAIN, Claimant. Darrel A. Chastain, Petitioner, v. STATE ACCIDENT Insurance Fund Corporation and Fremont Indemnity, Respondents.

Court of Appeals of Oregon.

Decided February 27, 1985.

Attorney(s) appearing for the Case

Mark Andrew Lange, Salem, argued the cause for petitioner. On the brief was Rolf Olson, Salem.

Darrell E. Bewley, Asst. Atty. Gen., Salem, argued the cause for respondent State Accident Insurance Fund Corporation. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Allan M. Muir, Portland, argued the cause for respondent Fremont Indem. With him on the brief were Roger A. Luedtke and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

PER CURIAM.

Claimant seeks review of a Workers' Compensation Board order denying him compensation for his low back condition as either an aggravation or a new injury. We reverse and remand for reinstatement of respondent SAIF Corporation's acceptance of the claim.

The dispositive issue is whether SAIF is estopped from denying acceptance of the claim under Bauman v. SAIF, 295 Or. 788, 670 P.2d 1027

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