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WESTERN EMPLOYERS INS. v. FOSTER

WCB 84-11283; WCB 84-12837; CA A43398.

752 P.2d 852 (1988)

90 Or.App. 295

IN THE MATTER OF THE COMPENSATION OF JERRY F. FOSTER, Claimant. WESTERN EMPLOYERS Insurance and Quiet Valley Veneer, Petitioners, v. Jerry F. FOSTER, Wausau Insurance Company and Roseburg Lumber Company, Respondents.

Court of Appeals of Oregon.

Decided April 6, 1988.

Attorney(s) appearing for the Case

Jerry K. Brown, McMinnville, argued the cause for petitioners. On the brief were Karen V. Wiggins and Cummins, Cummins, Brown, Goodman & Fish, P.C., McMinnville.

James L. Edmunson, Eugene, argued the cause for respondent Jerry F. Foster. On the brief were Karen M. Werner and Malagon & Moore, Eugene.

David Horne, Beaverton, argued the cause for respondents Roseburg Lumber Co. and Wausau Ins. Co. On the brief was Constance L. Wold, Beaverton.

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

WARREN, Judge.

Claimant experienced an incident involving his back while working at Quiet Valley Veneer (Quiet Valley) in 1983. He filed a claim with Western, Quiet Valley's insurer, seeking benefits for an injury, and also filed an aggravation claim with Wausau, insurer for his previous employer, alleging that the incident was an aggravation of a compensable 1973 injury. Both insurers denied the claim, but Wausau voluntarily began paying benefits for temporary total...

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