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SHORES v. RUSS' DAY-N-NITE

90-06677; CA A74857.

858 P.2d 175 (1993)

122 Or. App. 578

In the Matter of the Compensation of Mary E. Shores, Claimant. Mary E. SHORES, Petitioner, v. RUSS' DAY-N-NITE and Liberty Northwest Insurance Corporation, Respondents.

Court of Appeals of Oregon.

Decided August 25, 1993.

Attorney(s) appearing for the Case

Darrell E. Bewley, Salem, argued the cause for petitioner. With him on the brief was Richard F. McGinty, Salem.

Alexander Libmann, Portland, argued the cause for respondents. On the brief was James D. McVittie, Appellate Counsel, Liberty Northwest Ins. Corp., Portland.

Before RICHARDSON, C.J., and DEITS and DURHAM, JJ.

DURHAM, Judge.

Claimant seeks review of a Workers' Compensation Board order that reinstated insurer's denial of her aggravation claim for a back condition. She assigns error to the Board's application of ORS 656.266 to an aggravation claim.

We do not accept claimant's construction of the order. The Board said:

"In order to establish a compensable aggravation, claimant must prove a worsened condition resulting from the industrial injury. ORS 656.273...

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