State Accident Insurance Fund Corp. v. Gupton

SAIF, insurer of Dave’s Bunker Hill Shell (Dave’s), appeals a Workers’ Compensation Board order finding that claimant had proved that his employment at Dave’s had worsened his underlying epicondylitis (tennis elbow) and holding SAIF responsible. SAIF contends that, under Bracke v. Baza’r, 293 Or 239, 646 P2d 1330 (1982), a subsequent employer is responsible.

Claimant, a 35-year old mechanic, first began having elbow pains while working for Automotive Engineer Repair in 1979. He received injections of xylocaine and hydrocortisone in July, August and September of that year. No claim was made…