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TUCKER v. JACK ENSLEY COMPANY

578 P.2d 3 (1978)

34 Or.App. 335

In the matter of the Compensation of Rex J. TUCKER, Claimant, and State Accident Insurance Fund, Respondents, v. JACK ENSLEY COMPANY, Petitioner.

Court of Appeals of Oregon.

Argued and Submitted February 28, 1978.

Attorney(s) appearing for the Case

R. Kenney Roberts, Portland, argued the cause for petitioner. On the brief was Jones, Lang, Klein, Wolf & Smith, Portland.

Carl H. Brumund, Salem, argued the cause and filed the brief for respondent Rex J. Tucker.

Lester R. Huntsinger, Associate Counsel, State Accident Ins. Fund, Salem, argued the cause for respondent State Accident Ins. Fund. With him on the brief were K.R. Maloney, Chief Counsel, and James A. Blevins, Chief Trial Counsel, State Accident Ins. Fund, Salem.

Before SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.

ROBERTS, Judge.

The question is whether claimant suffered a new injury and is therefore entitled to compensation under ORS 656.005(8)(a), or if an aggravation of an earlier compensated injury has occurred giving rise to a claim under ORS 656.273(1).1

This court has dealt with this problem on several different occasions. See, e.g., Minnesota Mining and Manufacturing Co. v. SAIF, 27 Or.App. 747

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