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KIENOW'S FOOD STORES v. LYSTER

82-10572 and 83-00589; CA A32603.

719 P.2d 890 (1986)

79 Or.App. 416

In the Matter of the Compensation of Philip F. Lyster, Claimant. KIENOW'S FOOD STORES, INC., Petitioner, v. Philip F. LYSTER; Cupples Paper Bag Company; and Royal Insurance Co., Respondents.

Court of Appeals of Oregon.

Decided May 21, 1986.

Attorney(s) appearing for the Case

Patric J. Doherty, Portland, argued the cause for petitioner. With him on the brief were Dennis R. VavRosky and Rankin, McMurry, VavRosky and Doherty, Portland.

Robert D. Wollheim, Portland, argued the cause for respondent Philip F. Lyster. With him on the brief were Welch, Bruun and Green, Portland.

Jerald P. Keene, Portland, argued the cause for respondents Cupples Paper Bag Co. and Royal Ins. Co. With him on the brief were Craig A. Staples and Roberts, Reinisch & Klor, P.C., Portland.

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

WARDEN, Judge.

Kienow's Food Stores, Inc. (Kienow's) seeks judicial review of an order of the Workers' Compensation Board affirming the decision of the referee.1 It raises two issues. The first is whether the Board erred in refusing to remand the case to the referee for the consideration of additional evidence. The second is whether a time loss disability constituted an aggravation of an injury sustained while working for a previous employer...

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