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THOMAS v. A-1 SANDBLASTING & STEAM CLEANING

87-17184, 88-02638; CA A66235.

828 P.2d 471 (1992)

112 Or. App. 185

In the Matter of the Compensation of the Beneficiaries of Donald E. Thomas, Deceased, Claimant. Mary L. THOMAS, Beneficiary of Donald E. Thomas, Deceased, Claimant, Petitioner, v. A-1 SANDBLASTING AND STEAM CLEANING CO., Ross Brothers Construction Company and SAIF Corporation, Respondents.

Court of Appeals of Oregon.

Decided March 25, 1992.

Attorney(s) appearing for the Case

Donald O. Tarlow, Newberg, argued the cause, for petitioner. With him on the brief, was Brown, Tarlow & Berry, P.C., Newberg.

David L. Runner, Asst. Atty. Gen., Salem, argued the cause, for respondents A-1 Sandblasting and Steam Cleaning Co. and SAIF Corp. With him on the brief, were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Jerald P. Keene, Portland, argued the cause, for respondents Ross Brothers Const. Co. and SAIF Corp. With him on the brief, was Roberts, Reinisch, Mac-Kenzie, Healey & Wilson, P.C., Portland.

Before RICHARDSON, P.J., and JOSEPH, C.J. and DEITS, J.

DEITS, Judge.

In this workers' compensation case, petitioner is the beneficiary of a deceased worker (decedent), who died while working under a subcontract between Ross Brothers Construction Company (Ross) and A-1 Sandblasting and Steam Cleaning Co. (A-1). SAIF insures both companies. The referee set aside SAIF's denial on behalf of A-1. The Workers' Compensation Board reversed, finding that Ross is the responsible employer and holding that petitioner is not entitled...

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