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FIREMAN'S FUND INS. CO. v. ORE. PTLD. CEMENT

No. 79-04246; CA A22204.

663 P.2d 416 (1983)

63 Or.App. 63

In The Matter of the Compensation of Robin F. Robinette, Claimant. FIREMAN'S FUND INSURANCE COMPANY, Petitioner, v. OREGON PORTLAND CEMENT COMPANY; Fred S. James and Company; and Robin F. Robinette, Respondents.

Court of Appeals of Oregon.

Decided May 11, 1983.

Reconsideration Denied June 24, 1983.

Attorney(s) appearing for the Case

Emil R. Berg, Portland, argued the cause for petitioner. With him on the brief was Wolf, Griffith, Bittner, Abbott & Roberts, Portland.

James N. Westwood, Portland, argued the cause for respondents Oregon Portland Cement Co. and Fred S. James and Co. With him on the brief were Douglas M. Ragen, and Miller, Nash, Yerke, Wiener & Hager, Portland.

John D. Peterson, Hillsboro, argued the cause for respondent Robin F. Robinette. With him on the brief was Brink, Moore, Brink & Peterson, Hillsboro.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.

BUTTLER, Presiding Judge.

Fireman's Fund, the former insurer of employer Oregon Portland Cement Company (OPC), seeks judicial review of a determination by the Workers' Compensation Board that it is responsible for an aggravation of claimant's low-back problems. The Board reversed the order of the referee holding OPC responsible. Because some of the language in Bracke v. Baza'r, 293 Or. 239, 646 P.2d 1330

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