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MATTER OF COMPENSATION OF COOPER

WCB No. 79-8266; CA 19780.

635 P.2d 1067 (1981)

In the matter of the Compensation of Merle Cooper, Claimant. Merle Cooper, Petitioner, v. STATE ACCIDENT INSURANCE FUND CORPORATION, Rosboro Lumber Company, and Ebi Companies, Respondents.

Court of Appeals of Oregon.

Decided November 9, 1981.

Attorney(s) appearing for the Case

David W. Hittle, Salem, argued the cause for petitioner. With him on the brief was Olson, Hittle, Gardner & Evans, Salem.

Darrell E. Bewley, Associate Counsel, State Acc. Ins. Fund Corp., Salem, argued the cause for respondent State Acc. Ins. Fund Corp. With him on the brief were K.R. Maloney, Gen. Counsel, and James A. Blevins, Chief Trial Counsel, State Acc. Ins. Fund Corp., Salem.

Margaret H. Leek Leiberan, Portland, argued the cause for respondents Rosboro Lumber and EBI. With her on the brief was Lang, Klein, Wolf, Smith, Griffith & Hallmark, Portland.

Before GILLETTE, P.J., and ROBERTS and YOUNG, JJ.

YOUNG, Judge.

Claimant appeals the denial of his workers' compensation claim. He pressed his claim as either a compensable injury or an occupational disease. No party has chosen one or the other theory exclusively. The referee denied the claim. On review the Board affirmed the denial. The central question is compensability. If we determine the claim to be compensable, we must then determine the responsible carrier. We review...

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