On March 24, 1965, while in the employ of Valliere, plaintiff was in an automobile accident in which he received neck injuries which resulted in a neck fusion being performed. In June 1966, plaintiff complained to Dr. Garger, an orthopedic surgeon, about a low back pain radiating to his left leg. It was treated conservatively with muscle relaxants, pain medications, bed rest and heat. In 1967, while employed by Northern, plaintiff ""claimed further benefits for back trouble against Valliere which benefits were denied"" by the deputy labor commissioner on September 25, 1967. An appeal therefrom to the superior court under RSA 281:37 was taken by plaintiff's counsel and when scheduled for hearing on March 19, 1968, it was marked ""Voluntary Non-Suit."" On June 17, 1968, plaintiff was injured while crawling in a boiler as part of his work for Northern. He suffered an ""acute onset of low back and left leg pain,"" and received compensation from its insurer, Travelers. On August 21, 1969, plaintiff, then self-employed, suffered a recurrence of his back injury which necessitated an operation in September 1969, when a back fusion was done. He brought a claim for compensation against Northern contending that this injury was causally related to the June 17, 1968 accident which he suffered while in its employ. The deputy labor commissioner denied the claim and plaintiff appealed to the superior court. After a hearing, Keller, C.J. decreed, on April 14, 1971, that the plaintiff was not entitled to compensation from Northern for this back trouble and operation. This appeal is one of the issues before us.
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