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BROWN v. BUNCH TIRE BAILER, INC.

40 972; CA A31868.

698 P.2d 522 (1985)

73 Or.App. 250

William J. BROWN, Director, Workers' Compensation Department, State of Oregon, Respondent, v. BUNCH TIRE BAILER, INC., an Oregon Corporation, Employer; Gene W. Bunch, Individually, Appellants, Steve Armstrong, Individually, Respondent.

Court of Appeals of Oregon.

Decided April 17, 1985.

Attorney(s) appearing for the Case

Brian W. O'Brien, Portland, argued the cause and filed the brief for appellants.

Richard D. Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent William J. Brown, Director, Workers' Compensation Department. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

No appearance for respondent Steve Armstrong.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

This is an appeal from an order granting summary judgment in favor of plaintiff, the Director of the Workers' Compensation Department (Department), and directing defendant, Bunch Tire Bailers, Inc. (Bunch Tire), to reimburse the State Accident Insurance Fund Corporation for certain sums that were paid to a claimant who was injured while allegedly employed by defendant. We reverse.

On January 30, 1978, Bunch Tire received a notice...

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