FINCH v. STAYTON CANNING CO.

WCB Nos. 83-03809, 85-00155 and 85-13714; CA A42313.

761 P.2d 544 (1988)

93 Or.App. 168

In the matter of the Compensation of Lori G. FINCH, Claimant. Lori G. Finch, Petitioner, v. STAYTON CANNING CO.; Dave's U.S. Gas; American States Insurance; Tom's Auto Body and National Surety Corp., Respondents.

Court of Appeals of Oregon.

Decided September 14, 1988.


Attorney(s) appearing for the Case

Edward J. Harri, Albany, argued the cause for petitioner. On the brief were J. David Kryger and Emmons, Kyle, Kropp, Kryger & Alexander, P.C., Albany.

Patric J. Doherty, Portland, argued the cause for respondent Stayton Canning Co. With him on the brief was Rankin, VavRosky, Doherty, MacColl & Mersereau, Portland.

Allan M. Muir, Portland, argued the cause for respondent Dave's U.S. Gas. With him on the brief were Christopher B. Rounds, Ridgeway K. Foley, Jr., P.C., and Schwabe, Williamson & Wyatt, Portland.

No appearance for respondent American States Ins.

Jerald P. Keene, Portland, argued the cause for respondents Tom's Auto Body and National Sur. Corp. With him on the brief was Roberts, Reinisch & Klor, P.C., Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


NEWMAN, Judge.

Claimant seeks review of a Workers' Compensation Board order which affirmed the referee's order upholding the denials of compensability and refusing penalties for late denial by Tom's Auto Body (Tom's). The Board did not reach the issue of responsibility. We review de novo, hold the claim compensable and reverse and remand to the Board with instructions to determine the issues of responsibility and penalties...

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