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INTERNATIONAL PAPER CO. v. TURNER

WCB 83-09731, 84-02465; CA A39913; SC S33861.

745 P.2d 780 (1987)

304 Or. 354

IN THE MATTER OF THE COMPENSATION OF HAROLD TURNER, Claimant. INTERNATIONAL PAPER Company, Respondent On Review, v. Harold TURNER, Petitioner On Review, Bohemia, Inc., and Saif Corporation, Respondents.

Supreme Court of Oregon.

Decided November 17, 1987.

Attorney(s) appearing for the Case

Mike Stebbins, North Bend, argued the cause for petitioner on review. With him on the petition was Hayner, Stebbins & Coffey, North Bend.

Paul L. Roess, Coos Bay, argued the cause for respondent on review.

Before PETERSON, C.J., and LENT, CAMPBELL, CARSON, JONES and GILLETTE, JJ.

LENT, Justice.

The issue is whether a claim for additional compensation under ORS 656.273(1) must necessarily fail because conditions that are relied on for that claim were anticipated when claimant received his last award.1 We hold that such anticipation does not necessarily bar the claim.

We take the facts from those that are undisputed and from those found by the Court of Appeals on its judicial review on the record made before...

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