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ROSE CITY VAN & STORAGE v. McGUIRE

WCB 87-07348; 87-07480; 87-07481; 87-10318; 87-12554; CA A64531.

811 P.2d 1387 (1991)

107 Or.App. 404

In the matter of the Compensation of Edward K. McGuire, Claimant. ROSE CITY VAN & STORAGE and Liberty Northwest Insurance Corporation, Petitioners, v. Edward K. McGuire, Chipman Moving & Storage, Lile International/Liberty Northwest Insurance Corporation, Eastside Van & Storage, Bekins Moving, Saif Corporation, Safeco Insurance Company and Oregon Insurance Guaranty Association, Respondents.

Court of Appeals of Oregon.

Decided May 29, 1991.

Attorney(s) appearing for the Case

Paul L. Roess, Portland, argued the cause for petitioners. With him on the brief was Acker, Underwood, Norwood & Hiefield, Portland.

Craig A. Staples, Portland, argued the cause for respondents Lile Intern. and Liberty Northwest Ins. Corp. With him on the brief was Roberts, Reinisch, MacKenzie, Healey & Wilson, Portland.

Richard A. Sly, Portland, waived appearance for respondent Edward K. McGuire.

Thomas E. Ewing, Asst. Atty. Gen., Salem, waived appearance for respondents SAIF Corp. and Chipman Moving & Storage.

Ridgway K. Foley, Jr., Portland, waived appearance for respondents Eastside Van & Storage and Safeco Ins. Co.

Jay W. Beattie, Portland, waived appearance for respondents Bekins Moving & Storage and Oregon Ins. Guar. Ass'n.

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

RIGGS, Judge.

The issue in this case is which employer is responsible for claimant's condition. Rose City Van and Storage (Rose City) petitions for review of a Workers' Compensation Board order on reconsideration that assigned it responsibility, because it was the last "potentially causal" employer. We reverse and remand.

In 1985, claimant suffered a compensable injury while working as a furniture mover for Corporate Relocation. He returned to his regular...

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