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CASTLE & COOKE v. ALCANTAR

WCB 87-18551, 87-01266 and 88-01581; CA A64740.

829 P.2d 742 (1992)

112 Or. App. 392

In the Matter of the Compensation of John J. Alcantar, Claimant. CASTLE & COOKE, Petitioner, v. John J. ALCANTAR, Oak Grove Foods, United Foods, Inc., United States Fidelity & Guaranty Company, Respondents.

Court of Appeals of Oregon.

Decided April 22, 1992.

Attorney(s) appearing for the Case

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

No appearance for respondent John J. Alcantar.

Jay W. Beattie, Portland, argued the cause for respondent Oak Grove Foods. With him on the brief was Lindsay, Hart, Neil & Weigler, Portland.

Daryll E. Klein, Milwaukie, waived appearance for respondents United Foods, Inc., and U.S. Fidelity & Guar. Co.

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

RICHARDSON, Presiding Judge.

Petitioner seeks review of the Workers' Compensation Board order holding that petitioner is responsible for claimant's back condition from November, 1986, until October 23, 1987.1 It argues that the Board erred by holding that it had waived its right to assert a "causation defense" by contesting responsibility only. We reverse.

Claimant injured his back in 1982, while employed by petitioner as a mushroom...

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