Opinion
WCB 85-03807, 85-03808, 85-06955, 85-06956; CA A40575
Argued and submitted April 3, 1987.
Reversed and remanded on petition and on cross-petition with instructions to reinstate referee's opinion and order June 17, petition for attorney fees denied by opinion October 21, 1987. See 88 Or. App. 30 (1987)
Judicial Review from Workers' Compensation Board.
Roger Ousey, Eugene, argued the cause for petitioner — cross-respondent. On the brief were Michael Strooband and Bischoff Strooband, P.C., Eugene.
Kevin L. Mannix, Salem, argued the cause for respondents — cross-respondents. With him on the brief was Lydia E. Duncan, Salem.
Thomas M. Christ, Portland, argued the cause for respondents — cross-petitioners. With him on the brief was Schuyler T. Wallace, Jr., Portland.
Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
PER CURIAM
Reversed and remanded on petition and on cross-petition with instructions to reinstate referee's opinion and order.
Claimant and Liberty Communications, claimant's first employer, and Fireman's Fund Insurance, that employer's insurer, seek judicial review of the Workers' Compensation Board's order holding that claimant's present disability is the result of an aggravation of a back injury he suffered in 1982 while working for Liberty Communications. In so holding, the Board reversed the referee, who had determined that claimant's present disability is a result of a new injury he suffered while working for Cable Communications in 1984.
On de novo review, we are persuaded that the referee was correct. Smith v. Ed's Pancake House, 27 Or. App. 361, 565 P.2d 138 (1976).
Reversed and remanded on petition and on cross-petition with instructions to reinstate referee's opinion and order.