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DELUXE CABINET WORKS v. MESSMER

91-12265; CA A87910 (Control), CA A88122.

915 P.2d 1053 (1996)

140 Or. App. 548

In the Matter of the Compensation of Richard J. Messmer, Claimant. DELUXE CABINET WORKS and Aetna Casualty & Surety, Petitioners-Cross-Respondents, v. Richard J. MESSMER, Respondent-Cross-Petitioner.

Court of Appeals of Oregon.

Decided May 1, 1996.

Attorney(s) appearing for the Case

Jerald P. Keene, Tigard, argued the cause and filed the brief for petitioners.

Kevin Keaney, Portland, argued the cause and filed the brief for respondent.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LANDAU, Judge.

The principal issue in this case is whether the legislature has enacted a statute that has the effect of overruling our prior decision, Messmer v. Deluxe Cabinet Works, 130 Or.App. 254, 881 P.2d 180 (1994), rev. den. 320 Or. 507, 888 P.2d 568 (1995), holding that employer is precluded from contesting compensability. Armed with what it characterizes as dispositive legislative...

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