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NAUGHT v. GAMBLE, INC.

WCB 84-02671, WCB 84-04467 and WCB 84-09197; CA A37391.

741 P.2d 901 (1987)

87 Or.App. 145

In the matter of the Compensation of Dennis E. NAUGHT, Claimant. Dennis E. Naught, Petitioner-Cross-Respondent, v. GAMBLE, INC./Pepsi Cola, Inc., Ebi Companies, Respondents-Cross-Petitioners, and Gamble, Inc./Pepsi Cola, Inc., Self-Insured Employer, Respondents-Cross-Respondents.

Court of Appeals of Oregon.

Decided September 2, 1987.

Attorney(s) appearing for the Case

Kenneth Bourne, Portland, argued the cause and filed brief, for petitioner-cross-respondent.

Jerald P. Keene, Portland, argued the cause for respondents-cross-petitioners. With him on brief, was Roberts, Reinisch & Klor, P.C., Portland.

Patric J. Doherty, Portland, argued the cause, for respondents-cross-respondents. With him on brief, were Karli L. Olson and Rankin, McMurry, VavRosky & Doherty, Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Claimant seeks review of the Workers' Compensation Board's dismissal of a portion of his aggravation claim on the ground that his request for hearing was untimely. Employer's insurer, EBI Companies, asserts in its cross-petition that claimant's remaining aggravation claim constitutes a new injury for which EBI is not responsible. We affirm on the petition and cross-petition.

Claimant sustained a compensable injury to his upper...

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