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BOOTH v. TEKTRONIX

WCB 84-07174; CA A50290; SC S36388.

823 P.2d 402 (1991)

312 Or. 463

In the matter of the Compensation of Lois BOOTH, Claimant. Lois Booth, Petitioner On Review, v. TEKTRONIX, Inc., Respondent On Review.

Supreme Court of Oregon.

Decided December 19, 1991.

Attorney(s) appearing for the Case

J. Randolph Pickett, P.C., Portland, filed the petition and argued the cause for petitioner on review.

Barbara A. Brainard, of Stoel Rives Boley Jones & Grey, Portland, argued the cause for respondent on review.

Kathryn H. Clarke, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Ass'n.

Karen O'Kasey and Janet M. Schroer, of Schwabe, Williamson & Wyatt, Portland, filed a brief on behalf of amici curiae Attys. for Oregon Ass'n of Workers' Compensation Defense Counsel, Associated Oregon Industries, and Oregon Ass'n of Defense Counsel.

Before PETERSON, C.J., and CARSON, JONES, GILLETTE, VAN HOOMISSEN, FADELEY, and UNIS, JJ.

CARSON, Chief Justice.

The issues we address in this workers' compensation case arose as the result of claimant's objection to the introduction of evidence obtained by her employer from pre-hearing communications with claimant's treating physicians without prior notice to claimant.1 The first issue is whether the physician-patient privilege applies to proceedings before the Workers' Compensation Board (the Board) and, if it does apply...

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