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MATTER OF COMPENSATION OF STARBUCK

No. 79-04425; CA A23754.

659 P.2d 424 (1983)

61 Or.App. 631

In the matter of the Compensation of Terry L. Starbuck, Claimant. Boise Cascade Corp., Petitioner, v. TERRY L. STARBUCK AND SAIF CORPORATION, Respondents.

Court of Appeals of Oregon.

Decided February 16, 1983.

Reconsideration Denied April 1, 1983.

Review Allowed May 3, 1983.

Attorney(s) appearing for the Case

Brian L. Pocock, Eugene, argued the cause for petitioner. With him on the brief was Cowling, Heysell & Pocock, Eugene.

Darrell E. Bewley, Appellate Counsel, State Accident Ins. Fund Corp., Salem, argued the cause and filed the brief for respondent State Accident Ins. Fund Corp.

Russell W. DeForest, Medford, waived appearance for respondent Terry L. Starbuck.

Before BUTTLER, P.J., JOSEPH, C.J., and WARREN, J.

BUTTLER, Presiding Judge.

Self-insured employer Boise Cascade Corporation (Boise) seeks judicial review of a determination by the Workers' Compensation Board (Board) that Boise is responsible for an aggravation of claimant's low-back condition. Boise argues that a subsequent employer, insured by SAIF, is responsible under the "last injurious exposure" rule, which this court supposedly applied in Smith v. Ed's Pancake House, 27 Or.App. 361...

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