MATTER OF COMPENSATION OF BRACKE

No. 77-6938; CA 17587.

626 P.2d 918 (1981)

51 Or.App. 627

In the matter of the Compensation of Sharon Bracke, Claimant. Sharon Bracke, Petitioner-Cross-Respondent, v. BAZA'R, Inc., Respondent-Cross-Petitioner, Albertson's Food Centers, O.J.'s 42ND Avenue Thriftway, General Adjustment Bureau, Aetna Insurance Company, Industrial Indemnity Company, Respondents.

Court of Appeals of Oregon.

Decided April 13, 1981.

Reconsideration Denied May 21, 1981.


Attorney(s) appearing for the Case

Charles Bates, Portland, argued the cause for petitioner-cross-respondent. On the brief was Parker & McCann, Portland.

Mildred J. Carmack and Scott M. Kelley, Portland, argued the cause for respondent-cross-petitioner and respondent General Adjustment Bureau. With them on the briefs were Cheney & Kelley, and Ridgway K. Foley, Jr., and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Margaret H. Leek Lieberan, Portland, argued the cause for respondent Albertson's Food Centers. With her on the brief was Lang, Klein, Wolf, Smith, Griffith & Hallmark, Portland.

Richard William Davis, Portland, argued the cause for respondent O.J.'s 42nd Ave. Thriftway. With him on the brief was Lindsay, Hart, Neil & Weigler, Portland.

Charles R. Holloway, III, Portland, argued the cause for respondent Aetna Ins. Co. With him on the brief was Tooze, Kerr, Peterson, Marshall & Shenker, Portland.

G. Howard Cliff, Portland, argued the cause for respondent Industrial Indem. Co. With him on the brief was B. Anderson Gunter, Certified Law Student, Portland.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.


BUTTLER, Judge.

Claimant appeals from an order of the Workers' Compensation Board affirming and adopting the opinion and order of the referee. That order concluded that claimant suffered from a compensable occupational disease and that under the last injurious exposure rule claimant's last employer would be responsible for providing the compensation, but that the claim was unenforceable because claimant had not requested a hearing within 60 days of that employer's...

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