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SMITH v. ED'S PANCAKE HOUSE

556 P.2d 158 (1976)

27 Or.App. 361

In the matter of the Compensation of Janet Gayle SMITH, Claimant, Respondent, v. ED'S PANCAKE HOUSE, Employer, and Industrial Indemnity Company, Insurer, Appellants, and State Accident Insurance Fund, Respondent.

Court of Appeals of Oregon.

Decided November 15, 1976.

Attorney(s) appearing for the Case

G. Howard Cliff, Portland, argued the cause for appellants. With him on the brief was Frank V. Langfitt III, Portland.

Larry A. Brown, Eugene, argued the cause for respondent Janet Gayle Smith. With him on the brief were Flinn, Lake & Brown and William E. Flinn, Eugene.

Kevin L. Mannix, Asst. Atty. Gen., Salem, argued the cause for respondent State Accident Insurance Fund. On the brief were Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and Janet A. Metcalf, Asst. Atty. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and TANZER, JJ.

THORNTON, Judge.

Claimant was involved in two successive industrial accidents. The issue in this appeal is which of two compensation carriers must bear the cost of claimant's workmen's compensation claim. The Workmen's Compensation Board held that the State Accident Insurance Fund (SAIF), which was the insurer at the time of the second accident, was primarily liable for claimant's coverage. The circuit court reversed, holding that Industrial Indemnity Company, the...

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