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SMITH v. SAIF

WCB 83-04541; CA A36412.

717 P.2d 218 (1986)

78 Or.App. 443

In the matter of the Compensation of Gavin L. SMITH, Claimant. Gavin L. Smith, Petitioner, v. STATE ACCIDENT INSURANCE FUND CORPORATION, and North Santiam Sand and Gravel, Respondents.

Court of Appeals of Oregon.

Argued and Submitted January 10, 1986.

Reconsideration Denied June 6, 1986.

Attorney(s) appearing for the Case

Edward J. Harri, Albany, argued the cause, for petitioner. On brief were J. David Kryger, and Emmons, Kyle, Kropp, Kryger & Alexander, P.C., Albany.

Darrell E. Bewley, Asst. Atty. Gen., Salem, argued the cause and filed brief, for respondents. With him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J. Pro Tem., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

Claimant seeks review of a Workers' Compensation Board order reversing a referee's order which allowed claimant's aggravation claim and dismissing the claim as untimely filed. The issues are (1) whether the claim was timely filed, and (2) if so, whether claimant proved a worsening of his compensable condition. ORS 656.273(1). We hold that the claim was timely filed but that claimant failed to prove a worsening. We therefore affirm.

On March 10...

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