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MATTER OF v. WORKMEN'S COMPENSATION BOARD

554 P.2d 568 (1976)

26 Or.App. 849

In the Matter of the Right to Second Injury Fund Benefits of Carl CROUSE, Dba Carl's Comb & Shear, Petitioner, v. WORKMEN'S COMPENSATION BOARD, Respondent.

Court of Appeals of Oregon.

Decided September 20, 1976.

Attorney(s) appearing for the Case

Allen G. Owen, Portland, argued the cause and filed the brief for petitioner.

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and TANZER, JJ.

TANZER, Judge.

This is an appeal from an order of the Workmen's Compensation Board (Board). Petitioner's employe suffered a compensable aggravation of his preexisting muscular dystrophy condition. Petitioner is subject to the Workmen's Compensation Law, but did not participate because, as he said, he "never thought about it." He has therefore been ordered to bear the cost of the employe's compensation and he has applied for relief from the Second Injury Fund. He now...

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