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ALBERTSONS, INC. v. CASSIDY

93-00760, 93-07111, 93-00761 & 93-07110; CA A86481.

910 P.2d 1149 (1996)

139 Or. App. 115

In the Matter of the Compensation of John F. Cassidy, Claimant. ALBERTSONS, INC., Petitioner, v. John F. CASSIDY and Fred Meyer, Inc., Respondents.

Court of Appeals of Oregon.

Decided February 7, 1996.

Attorney(s) appearing for the Case

Kenneth L. Kleinsmith, Portland, argued the cause for petitioner. With him on the brief was Meyers, Radler, Replogle & Bohy.

John Hogan argued the cause for respondent John F. Cassidy. On the brief was Donald M. Hooton, Portland.

Priscilla M. Taylor, Portland, argued the cause and filed the brief for respondent Fred Meyer, Inc.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

HASELTON, Judge.

Petitioner Albertsons, Inc., seeks review of an order of the Workers' Compensation Board that determined that Albertsons, and not respondent Fred Meyer, Inc., was responsible for claimant's low back injury. Central to the parties' dispute is the question of whether Albertsons' "backup" denial was effective and, particularly, whether Albertsons proved that the claim was not compensable. ORS 656.262(6).

The pertinent portions of the Board's...

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