Opinion
No. 399-857
Argued August 20, 1974
Affirmed September 23, 1974
Appeal from Circuit Court, Multnomah County.
JAMES R. ELLIS, Judge.
Richard Wm. Davis, Portland, argued the cause for appellants. With him on the brief was Lindsay, Nahstoll, Hart, Duncan, Dafoe Krause, Portland.
Ridgway K. Foley, Jr., Portland, argued the cause for respondent. With him on the brief were Souther, Spaulding, Kinsey, Williamson Schwabe, Robert E. Joseph, Jr., and Michael D. Hoffman, Portland.
Before SCHWAB, Chief Judge, and FOLEY and TANZER, Judges.
AFFIRMED.
The sole issue in this appeal is whether claimant, in a fall on June 14, 1972, suffered a new injury or an aggravation of a previous injury.
If the injury is an aggravation then defendant Aetna Casualty Surety Company is responsible. If it is a new injury plaintiff Lumbermen's Mutual Insurance Company is responsible.
The hearing officer, initially, and the Workmen's Compensation Board and the circuit court, each, in its de novo review, found claimant's June 14, 1972, fall a new injury. The hearing officer's determination was based in part on claimant's testimony, which he found credible. We give weight to the hearing officer's finding on issues involving credibility. Hannan v. Good Samaritan Hosp., 4 Or. App. 178, 471 P.2d 831, 476 P.2d 931 (1970), Sup Ct review denied (1971); Giese v. Safeway Stores, 10 Or. App. 452, 457, 499 P.2d 1364, 501 P.2d 982, Sup Ct review denied (1972). No useful purpose would be served in again setting forth the facts.
We have reviewed the record and agree with the determination of the hearing officer, the Board and the circuit court.
Affirmed.