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CONSOLIDATED FREIGHTWAYS v. POELWIJK

84-00300; CA A37467 [control] 84-0340M; CA A37614.

726 P.2d 379 (1986)

81 Or. App. 311

In the Matter of the Compensation of James A. Poelwijk, Claimant. CONSOLIDATED FREIGHTWAYS and Freightliner Corp., Petitioners, v. James A. POELWIJK, Respondent.

Court of Appeals of Oregon.

Decided September 10, 1986.

Reconsideration Denied October 31, and November 25, 1986.

Attorney(s) appearing for the Case

Allan M. Muir, Portland, argued the cause for petitioners. With him on the brief were Ridgway K. Foley, Jr., P.C., Roger A. Luedtke and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Richard E. Fowlks, Portland, argued the cause and filed the brief for respondent.

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

YOUNG, Judge.

Employer seeks review of a Workers' Compensation Board order which affirmed a referee's order setting aside employer's denial of a claim for medical services relating to claimant's compensable low back injury. In addition, employer seeks review of the Board's "own motion" order reopening the low back claim. The issues are whether the claim for medical services (surgery in 1982 and 1984) is barred by res judicata...

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