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OLSTEN TEMPORARY SERVICES v. LIPTON

A8904-02174; CA A60945.

802 P.2d 93 (1990)

104 Or.App. 565

OLSTEN TEMPORARY SERVICES, Inc., and Cna Insurance Companies, Inc., Respondents, v. Referee David LIPTON, Appellant.

Court of Appeals of Oregon.

Decided December 12, 1990.

Attorney(s) appearing for the Case

Susan G. Bischoff, Salem, argued the cause for appellant. With her on the briefs were Joseph D. Robertson and Garrett, Seideman, Hemann, Robertson & De Muniz, P.C., Salem.

Gary G. Norris, McMinnville, argued the cause for respondents. With him on the brief were Jerry K. Brown and Cummins, Brown, Goodman, Fish & Peterson, P.C., McMinnville.

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

BUTTLER, Presiding Judge.

In this mandamus proceeding, defendant, a workers' compensation referee, appeals from the circuit court's judgment and issuance of a peremptory writ ordering him to suspend the hearing rights of a workers' compensation claimant. We reverse, because we conclude that there is no factual predicate for the writ. It should not have been issued.

The claimant sustained a compensable back injury in February, 1987, while employed by plaintiff...

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