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MISSION INSURANCE CO. v. MILLER

WCB Nos. 82-04811, 82-10905; CA A30742.

697 P.2d 1382 (1985)

73 Or.App. 159

In the matter of the Compensation of Ivy E. Miller, Claimant. MISSION INSURANCE CO., Petitioner — Cross-Respondent, v. Ivy E. MILLER, Respondent — Cross-Petitioner, State Accident Insurance Fund Corporation, Respondent — Cross-Respondent.

Court of Appeals of Oregon.

Decided April 10, 1985.

Attorney(s) appearing for the Case

Marianne Bottini, Portland, argued the cause for petitioner — cross-respondent. On the brief were Bruce A. Bottini, and Bottini & Bottini, Portland.

Richard T. Kropp, Albany, argued the cause for respondent — cross-petitioner Miller. With him on the brief was Emmons, Kyle, Kropp, Kryger & Alexander, P.C., Albany.

Darrell E. Bewley, Asst. Atty. Gen., Salem, argued the cause for respondent — cross-respondent SAIF. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

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

ROSSMAN, Judge.

Mission Insurance Company (Mission), as workers' compensation insurer for Action Ambulance, Inc. (Action Ambulance), seeks review of a Board order which held that Action Ambulance is solely responsible for claimant's compensable injury. On de novo review, we reverse, except as to the award of attorney fees.

The issue is the responsibility of two part-time employers for claimant's compensable injury. The facts are not disputed. Action...

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