Industrial Indemnity Co. v. Kearns

Industrial Indemnity seeks judicial review of a Workers’ Compensation Board determination that it is responsible for paying claimant aggravation benefits. The sole issue is responsibility. On de novo review, ORS 656.298(6), we affirm.

Claimant strained his low back in 1968. He was awarded 5 percent unscheduled disability when his claim was closed in 1969. He was injured again in 1972. He was awarded an additional 5 percent unscheduled disability when that claim was closed in 1973. In 1976, he filed an aggravation claim, which was accepted by stipulation. He was awarded an additional 5 percent…