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FRED SHEARER & SONS, EBI v. STERN, SAIF

83-05299, 82-11791; CA A33706.

713 P.2d 1078 (1986)

77 Or.App. 607

In the matter of the Compensation of Ray A. Stern, Claimant. FRED SHEARER & SONS and EBI Companies, Petitioners, v. Ray A. STERN and SAIF Corporation, Respondents.

Court of Appeals of Oregon.

Decided February 12, 1986.

Attorney(s) appearing for the Case

Jerald P. Keene, Portland, argued the cause for petitioners. With him on the brief was Roberts, Reinisch & Klor, P.C., Portland.

Ann F. Kelley, Asst. Atty. Gen., Salem, argued the cause for respondent SAIF Corp. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

James L. Francesconi, Portland, waived appearance for respondent Ray A. Stern.

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

BUTTLER, Presiding Judge.

Employer and EBI seek review of a Board order which held that EBI, and not SAIF, is responsible for claimant's compensable injury.

EBI initially accepted a new injury claim filed on February 28, 1983, and paid claimant time loss for the short period of time for which he was entitled to it. On May 26, 1983, it denied the claim retroactively, having determined that the injury was an aggravation...

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