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SCHUENING v. J.R. SIMPLOT & CO.

85-00949; CA A40423.

735 P.2d 1 (1987)

84 Or.App. 622

In the matter of the Compensation of John D. SCHUENING, Claimant. John D. Schuening, Petitioner, v. J.R. SIMPLOT & COMPANY, Respondent.

Court of Appeals of Oregon.

Decided April 8, 1987.

Reconsideration Denied June 12, 1987.

Attorney(s) appearing for the Case

David C. Force, Eugene, argued the cause for petitioner. On the brief was Kenneth D. Peterson, Jr., Hermiston.

Kenneth L. Kleinsmith, Portland, argued the cause for respondent. On the brief was Daniel L. Meyers, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Claimant seeks review of a Workers' Compensation Board order affirming the referee's decision that claimant's aggravation claim had not been prematurely closed.

Claimant suffered a compensable right ankle injury in July, 1983. The claim was closed by a determination order on May 4, 1984, and then reopened on June 1, 1984, on an aggravation claim. On October 1, 1984, Dr. Smith advised that, although claimant was still in pain and had...

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