KIRBY v. SAIF

0503524; A132244.

162 P.3d 1063 (2007)

214 Or. App. 123

In the Matter of the Compensation of Dean R. Kirby, Claimant. Dean R. KIRBY, Petitioner, v. SAIF CORPORATION and Northwest Traffic Control, Inc., Respondents.

Court of Appeals of Oregon.

Decided July 11, 2007.


Attorney(s) appearing for the Case

R. Adian Martin argued the cause and filed the briefs for petitioner.

Jerome P. Larkin argued the cause and filed the brief for respondents.

Before SCHUMAN, Presiding Judge, and EDMONDS and ORTEGA, Judges.


SCHUMAN, P.J.

The Workers' Compensation Board (board) found that claimant's work-related injury sustained while working for employer was not compensable because it was not the major contributing cause of his need for treatment; rather, an earlier, out-of-state, work-related injury was at least an equal cause. For that reason, the board affirmed employer's denial of the claim. Claimant seeks review, arguing that, under the "last injury rule" or, alternatively, the...

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