Tucker v. Jack Ensley Company

The question is whether claimant suffered a new injury and is therefore entitled to compensation under ORS 656.005(8)(a), or if an aggravation of an earlier compensated injury has occurred giving rise to a claim under ORS 656.273d). 1

This court has dealt with this problem on several different occasions. See, e.g., Minnesota Mining and Manufacturing Co. v. SAIF, 27 Or App 747, 556 P2d 1379 (1976); Smith v. Ed’s Pancake House, 27 Or App 361, 556 P2d 158 (1976).

The cases raising the issue of aggravation versus new injury generally present only fact questions. That is the situation here.

For…