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SAIF v. BREWER

Nos. 80-10782, 81-759; CA A22996.

659 P.2d 988 (1983)

62 Or.App. 124

IN THE MATTER OF THE COMPENSATION OF ISHBEL BREWER, Claimant. State Accident Insurance Fund Corporation, Petitioner, v. Ishbel BREWER, Heritage Convalescence Center and Ebi Companies, Respondents.

Court of Appeals of Oregon.

Decided March 2, 1983.

Attorney(s) appearing for the Case

Darrell E. Bewley, State Acc. Ins. Fund Corp., Salem, argued the cause and filed the brief for petitioner.

Daniel Lorenz, Portland, argued the cause for respondent Ishbel Brewer. With him on the brief was Des Connall, Portland.

Emil R. Berg, Portland, argued the cause for respondents Heritage Convalescence Center and EBI Companies. With him on the brief was Wolf, Griffith, Bittner, Abbott & Roberts, Portland.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

YOUNG, Judge.

The dispositive issue in this workers' compensation case is whether claimant suffered an aggravation of a prior compensable back injury or sustained a new injury. The resolution of that question determines which of two insurers, SAIF or EBI Companies (EBI) is responsible. The Workers' Compensation Board reversed the referee on that issue and determined that it was a new injury for which SAIF was responsible. SAIF appeals. We review de novo, ORS...

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