Andrus v. Homer Wainwright Logging Co.

I cannot accept the majority analysis. The evidence indicates, and the referee and the Workers’ Compensation Board found, that claimant suffered a new injury on July 21, 1976.

Although our review is de novo on the record, substantial weight is given the referee on matters of credibility. Miller v. Granite Construction Co., 28 Or App 473, 559 P2d 944 (1977); Fredrickson v. Grandma Cookie Co., 13 Or App 334, 337-38, 509 P2d 1213 (1973); Etchison v. SAIF, 8 Or App 395, 494 P2d 455 (1972); Bailey v. Morrison-Knudsen, 5 Or App 592, 597, 485 P2d 1254 (1971). In this case, the referee stated several…