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RETCHLESS v. LAURELHURST THRIFTWAY

79-04418 and 79-08745; CA A30738.

696 P.2d 1181 (1985)

72 Or.App. 729

In the matter of the Compensation of Cleve A. RETCHLESS, Claimant. Cleve A. Retchless, Petitioner-Cross-Respondent, v. LAURELHURST THRIFTWAY and United Grocers Insurance, Respondents-Cross-Respondents, and Butler's Village Market and Industrial Indemnity Company, Respondents-Cross-Petitioners.

Court of Appeals of Oregon.

Decided March 20, 1985.

Reconsideration Denied May 10, 1985.

Attorney(s) appearing for the Case

Mitchell Crew, Portland, argued the cause for petitioner-cross-respondent. With him on the brief was Mercer, MacLaren, King & Crew, Portland.

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

Scott M. Kelley, Portland, argued the cause for respondents-cross-petitioners. With him on the brief was Cheney & Kelley, P.C., Portland.

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

VAN HOOMISSEN, Judge.

Claimant and Industrial Indemnity Company seek judicial review of an order on reconsideration of the Workers' Compensation Board. ORS 656.298. They contend that the Board erred in vacating its previous order that had affirmed the referee's conclusion that claimant had sustained a new injury in 1978 while employed by Laurelhurst Thriftway, rather than an aggravation of an injury sustained in 1973 while employed by Butler's Village Market. We reverse...

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