Legal Opinion · Dissent

National Farmers' Union Insurance v. Scofield

Court of Appeals of Oregon

Decided November 23, 1981No. WCB 78-3310, 78-7638, CA A20339Published

1DissentVan Hoomissen, J.

Claimant sustained a compensable back injuiy in 1974. At that time Wausau was on the risk. In 1977, he again injured his back. National Farmers’ was then on the risk. The issue is who should pay, Wausau or National *812Farmers’?1 My review of the record satisfies me the Workers’ Compensation Board (Board) correctly determined the 1977 injury independently caused and materially contributed to the worsening of claimant’s back condition and that the condition is therefore the responsibility of National Farmers’.

Claimant had underlying back problems before the 1977 incident. Between 1975 and 1977, he…

2Cases cited3 opinions

  1. Smith v. Ed's Pancake HouseCourt of Appeals of Oregon · 1976
  2. Kolar v. B & C CONTRACTORSCourt of Appeals of Oregon · 1978
  3. Gilroy v. General DistributorsCourt of Appeals of Oregon · 1978

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