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BBC BROWN BOVERI v. LUSK

88-10360, 88-10361, 88-10362; CA A66084.

816 P.2d 1183 (1991)

108 Or.App. 623

In the matter of the Compensation of Robert A. Lusk, Claimant. BBC BROWN BOVERI and Aetna Casualty Company, Petitioners-Cross-Respondents, v. Robert A. LUSK, Clark Ullman Welding and Saif Corporation, Respondents-Cross-Respondents, and Combustion Engineering and Cna Insurance Company, Respondents-Cross-Petitioners.

Court of Appeals of Oregon.

Decided September 4, 1991.

Attorney(s) appearing for the Case

Thaddeus J. Hettle, Portland, argued the cause for petitioners-cross-respondents. With him on the brief was Scheminske & Lyons, Portland.

Craig A. Staples, Portland, argued the cause for respondents-cross-petitioners. With him on the brief was Roberts, Reinisch, Mackenzie, Healey & Wilson, P.C., Portland.

No appearance for respondents-cross-respondents Robert A. Lusk, Clark Ullman Welding and SAIF Corp.

Before JOSEPH, C.J., and RIGGS and EDMONDS, JJ.

EDMONDS, Judge.

BBC Brown Boveri (BBC) and Aetna Insurance Company (Aetna), its insurer, seek review of a Workers' Compensation Board order that set aside their denial of claimant's hearing loss claim and held them responsible for that condition as of June 23, 1986. Combustion Engineering (Combustion) cross-petitions and assigns error to the determination that claimant's counsel was entitled to attorney fees.

The referee found:

"Claimant is 56 years...

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