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EBI COMPANIES v. COOPER

WCB TP-87022; CA A50167.

785 P.2d 380 (1990)

In the matter of the Compensation of James A. Cooper, Claimant. EBI COMPANIES, Petitioner, Coos Curry Roofing, Employer, v. James A. COOPER, Respondent.

Court of Appeals of Oregon.

Decided January 17, 1990.

Attorney(s) appearing for the Case

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

James C. Coffey, North Bend, argued the cause for respondent. With him on the brief was Stebbins & Coffey, North Bend.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.

EDMONDS, Judge.

EBI seeks review of a Workers' Compensation Board order that held that claimant was entitled to rescind his election, made pursuant to ORS 656.591, to assign his third party action to EBI and that the proceeds of the third party settlement should be redistributed pursuant to ORS 656.593(1).1 We affirm.

Claimant suffered a compensable injury in November, 1981. In June, 1982, he was involved in an off-the-job accident...

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