Clayton's Automotive v. Stayton Auto Supply

This case presents a factual question whether claimant’s low back injury was an aggravation of a previous compensable injury or a new injury. The Workers’ Compensation Board, reversing the referee, determined that it was a new injury. The responsible employer and insurer appeal, and we affirm.

In November, 1974, while working for Stayton Auto Supply (Stayton), claimant injured his low back lifting a wheel and tire. A lumbar laminectomy was performed, and claimant received a compensation award for 30 percent unscheduled permanent partial disability. Claimant was hospitalized in December, 1976,…