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INDUSTRIAL INDEMNITY CO. v. WEAVER

WCB No. 84-01115, 84-04251 & 84-04252; CA A36260.

726 P.2d 400 (1986)

81 Or. App. 493

In the Matter of the Compensation of Sylvia A. Weaver, Claimant. INDUSTRIAL INDEMNITY COMPANY, Petitioner—Cross-Respondent, v. Sylvia A. WEAVER, Respondent—Cross-Petitioner, and EBI Companies and Wausau Insurance Company, Respondents.

Court of Appeals of Oregon.

Decided October 8, 1986.

Attorney(s) appearing for the Case

John E. Snarskis, Portland, argued the cause and filed the briefs for petitioner—cross-respondent.

Marianne Bottini, Portland, argued the cause and filed the brief for respondent—cross-petitioner.

Nancy J. Meserow, Beaverton, filed the brief for respondent Wausau Ins. Co.

R.G. Rice, Portland, argued the cause for respondent EBI Companies. With him on the brief was Beers, Zimmerman & Rice, Portland.

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

VAN HOOMISSEN, Judge.

Industrial Indemnity, employer's present insurer, seeks review of a Workers' Compensation Board order holding it responsible for claimant's left foot condition. Claimant cross-petitions from that portion of the order which reversed the referee's award of penalties and attorney fees for Industrial Indemnity's unreasonable denial of compensability.1 We reverse on the petition and on the cross-petition.

Claimant...

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