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FRASURE v. AGRIPAC, INC.

WCB Nos. 76-5851, 77-2452; CA 12391.

596 P.2d 1015 (1979)

41 Or.App. 7

In the matter of the Compensation of Lonnie FRASURE, Claimant, Permaneer Corp., and Chubb Pacific Indemnity Group, Respondents, v. AGRIPAC, INC., and Leatherby Insurance Co., Petitioners.

Court of Appeals of Oregon.

Reconsideration Allowed, Opinion Adhered to August 27, 1979.

Decided July 2, 1979.

Attorney(s) appearing for the Case

Steven K. Blackhurst, Portland, argued the cause for petitioners. With him on the brief were Glen McClendon and Lindsay, Nahstoll, Hart, Neil & Weigler, Portland.

Gary J. Ebert, Ontario, argued the cause for respondent Lonnie Frasure. With him on the brief were Yturri, Rose & Burnham, Ontario.

Elizabeth K. Reeve, Portland, argued the cause for respondents Permaneer Corp. and Chubb Pacific Indem. Group. With her on the brief were Souther, Spaulding, Kinsey, Williamson & Schwabe, James D. Huegli, and Ridgway K. Foley, Jr., Portland.

Before SCHWAB, C.J., and THORNTON, LEE and GILLETTE, JJ.

Reconsideration Allowed, Opinion Adhered to August 27, 1979. See 598 P.2d 1248.

THORNTON, Judge.

This appeal involves two back injuries, the second of which resulted in two different and conflicting claims, both arising from the same incident. Claimant suffered his first injury on January 13, 1972, when he slipped and fell from a platform while working for Permaneer Corporation. This injury ultimately necessitated surgery...

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