MULTIFOODS SPECIALTY DISTRIBUTION v. McATEE

(97-01943; CA A101980).

993 P.2d 174 (1999)

164 Or. App. 654

In the Matter of the Compensation of David E. McAtee, Claimant. MULTIFOODS SPECIALTY DISTRIBUTION, Petitioner, v. David E. McATEE, Respondent.

Court of Appeals of Oregon.

Decided December 29, 1999.


Attorney(s) appearing for the Case

Jerald P. Keene argued the cause and filed the brief for petitioner.

Donald M. Hooton, Portland, argued the cause and filed the brief for respondent.

Before LINDER, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.


BREWER, J.

Employer seeks review of a Workers' Compensation Board order overturning its denial of claimant's combined condition. We review for substantial evidence and errors of law, ORS 656.298(7), ORS 183.482(7), (8), and reverse.

In 1981, claimant suffered a compensable low-back injury while working for Papa John's Sandwich Co. Wausau Insurance Co. accepted the claim, and claimant underwent a lumbar laminectomy and discectomy at L5-S1. The post-operative...

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