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MILLER v. WAGON TRAIL RANCH

WCB 89-05899; CA A67080.

834 P.2d 460 (1992)

114 Or. App. 26

In the Matter of the Compensation of Darold W. Miller, Claimant. Darold W. MILLER, Petitioner, v. WAGON TRAIL RANCH and SAIF Corporation, Respondents.

Court of Appeals of Oregon.

Decided July 8, 1992.

Attorney(s) appearing for the Case

Dan Steelhammer and Brothers, Drew & Steelhammer, Bend, filed the brief for petitioner.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Katherine H. Waldo, Asst. Atty. Gen., Salem, filed the brief for respondents.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

RICHARDSON, Presiding Judge.

Claimant seeks review of an order of the Workers' Compensation Board that reversed the referee and concluded that claimant had not filed an aggravation claim within the statutory time period. We affirm.

The Board adopted the referee's findings of fact:

"Claimant is a 59 year old maintenance man who was removing a sprinkler head on September 29, 1983, when he heard his back pop and had an immediate onset of excruciating...

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