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Collins v. States Veneer Inc.

July 30, 1973

COLLINS, APPELLANT,
v.
STATES VENEER, INC., RESPONDENT



Appeal from Circuit Court, Lane County. Edwin E. Allen, Judge.

David A. Vinson, Eugene, argued the cause for appellant. With him on the brief were Sahlstrom, Starr & Vinson, Eugene.

Richard W. Butler, Eugene, argued the cause for respondent. With him on the brief were Thwing, Atherly & Butler, Eugene.

Schwab, Chief Judge, and Fort and Thornton, Judges.

Schwab

This is a claim for increased compensation for aggravation of a compensable injury, pursuant to

ORS 656.271.*fn1 The hearing officer's order in favor of claimant was affirmed on review by the Workmen's Compensation Board. The circuit court reversed the order of the Board and denied compensation for the claimed aggravation.

On appeal, the dispositive issue is whether claimant supported his claim for aggravation with a written opinion from a physician that there were reasonable grounds for the claim, as required by ORS 656.271 (1). We hold that he did not.

Claimant, then a 54-year-old plywood plant worker, sustained injury to his back in the course of employment on September 24, 1968, when a 96-pound load of

plywood fell from a jitney and struck him in the back on the right side. His claim was accepted by the Workmen's Compensation Board, and was closed as a "medical only" claim on October 3, 1968, the same day it was received.

In November 1969, claimant left his employ with the defendant and began working as a custodian for the University of Oregon. On July 6, 1970, he fell in the course of employment for the university and a claim was filed with the State Accident Insurance Fund. That claim was accepted and compensation was ...


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