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GOLDEN WEST HOMES v. HAMMETT

WCB 84-06239; 83-09271; CA A37646.

727 P.2d 155 (1986)

82 Or. App. 63

In the Matter of the Compensation of Roy W. Hammett, Claimant. GOLDEN WEST HOMES, Petitioner, v. Roy W. HAMMETT and State Accident Insurance Fund Corporation, Respondents.

Court of Appeals of Oregon.

Decided October 29, 1986.

Attorney(s) appearing for the Case

Jas. Adams, Portland, argued the cause for petitioner. With him on the brief was Mitchell, Lang & Smith, Portland.

Darrell E. Bewley, Asst. Atty. Gen., Salem, argued the cause for respondent SAIF Corp. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Milo Pope, Mt. Vernon, filed the brief for respondent Roy W. Hammett.

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

YOUNG, Judge.

Golden West Homes seeks review of a Workers' Compensation Board order holding it responsible for a worsening of claimant's back condition. The issue is which of two employers is responsible. We reverse and remand.

In 1966, claimant had low back surgery at L5/S1 to free the L5 nerve root. In March, 1979, he sustained a compensable injury to his low back in a lifting incident while employed at Golden West. In June, 1979, he had surgery to remove...

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