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HENSEL PHELPS CONST. v. MIRICH

84-00644, 83-08999; CA A37006.

724 P.2d 919 (1986)

81 Or. App. 290

In the Matter of the Compensation of Michael D. Mirich, Claimant. HENSEL PHELPS CONSTRUCTION and Aetna Casualty Company, Petitioners, v. Michael D. MIRICH, Kalt Manufacturing Company and Western Employers, Respondents.

Court of Appeals of Oregon.

Decided September 10, 1986.

Attorney(s) appearing for the Case

Allan M. Muir, Portland, argued the cause for appellant. With him on the brief were Ronald C. Holloway and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Cynthia L. Barrett, Portland, argued the cause for respondent Mirich. With her on the brief was Fellows, McCarthy, Friedman, Odman & Barrett, Portland.

Jas. Adams, Portland, argued the cause for respondents Kalt Manufacturing and Western Employers. With him on the brief was Mitchell, Lang & Smith, Portland.

Before JOSEPH, C.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

Hensel Phelps Construction (Phelps) seeks review of a Workers' Compensation Board order which affirmed the referee's order holding it responsible for claimant's back condition. The issue is whether claimant suffered an aggravation (the responsibility of Phelps) or a new injury (the responsibility of Kalt Manufacturing Company (Kalt)). We affirm.

On April 4, 1980, claimant suffered a dorsal lumbar strain while working for Phelps. He was awarded...

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