Delta/McLean Trucking v. Wyncoop

The issue in this case is which of two employers, Delta/McLean Trucking (Delta) or Sessler, Inc., is responsible for claimant’s current back condition. Delta seeks review of a decision of a Workers’ Compensation Board referee who, acting as an arbitrator pursuant to ORS 656.307, determined that it is responsible. We affirm.

Claimant, age 54, has suffered from a noncompensable low back impairment since the 1950’s. He also has congenital and developmental back problems. Claimant’s first workers’ compensation claim for a back injury was in 1979, and was closed with no permanent disability award.…