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DELTA/McLEAN TRUCKING v. WYNCOOP

WCB 88-09286; 88-10107; 88-09285; 88-10108; CA A64300.

807 P.2d 336 (1991)

106 Or. App. 319

In the Matter of the Compensation of John L. Wyncoop, Claimant. DELTA/McLEAN TRUCKING, Petitioner, v. John L. WYNCOOP, Sessler, Inc. and Liberty Northwest Insurance Corporation, Respondents.

Court of Appeals of Oregon.

Decided March 13, 1991.

Attorney(s) appearing for the Case

Marianne Bottini, Portland, argued the cause, for petitioner. With her on the brief, was Bottini & Bottini, Portland.

Bruce D. Smith, Medford, waived appearance, for respondent John L. Wyncoop.

Stafford J. Hazelett, Portland, argued the cause and filed the brief, for respondents Sessler, Inc. and Liberty Northwest Ins.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

RIGGS, Judge.

The issue in this case is which of two employers, Delta/McLean Trucking (Delta) or Sessler, Inc., is responsible for claimant's current back condition. Delta seeks review of a decision of a Workers' Compensation Board referee who, acting as an arbitrator pursuant to ORS 656.307, determined that it is responsible. We affirm.

Claimant, age 54, has suffered from a noncompensable low back impairment since the 1950's. He also has congenital and developmental...

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