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SAIF v. PHIPPS

WCB 84-01838 and 84-02301; CA A38833.

737 P.2d 131 (1987)

85 Or.App. 436

IN THE MATTER OF THE COMPENSATION OF STANLEY C. PHIPPS, Claimant. State Accident Insurance Fund Corporation and American Ship Dismantlers, Petitioners — Cross-Respondents, v. Stanley C. PHIPPS, Respondent — Cross-Petitioner, Industrial Indemnity and Amber Foods Corporation, Respondents — Cross-Respondents.

Court of Appeals of Oregon.

Argued and Submitted January 26, 1987.

Attorney(s) appearing for the Case

Darrell E. Bewley, Asst. Atty. Gen., Salem, argued the cause for petitioners — cross-respondents. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen.

James S. Coon, Portland, argued the cause for respondent — cross-petitioner. With him on the brief was Aitchison, Imperati, Barnett & Sherwood, P.C., Portland.

John E. Snarskis, Portland, argued the cause and filed the brief for respondents — cross-respondents.

Before JOSEPH, C.J., and NEWMAN and DEITS, JJ.

JOSEPH, Chief Judge.

SAIF seeks review of a Workers' Compensation Board order which reversed the referee's determination that claimant had suffered a new injury and assigned SAIF responsibility for claimant's back condition. SAIF argues that, even though there is "no question [but] that there has been an aggravation in the medical sense," claimant did not suffer an aggravation in the "legal sense." SAIF contends that the Board misunderstood and misapplied the rules...

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