STATE FARM INS. CO. v. LYDA

93-06409; CA A93995.

946 P.2d 685 (1997)

150 Or. App. 554

In the Matter of the Compensation of Harry L. Lyda, Claimant. STATE FARM INSURANCE COMPANY and Harry Lyda Realty, Petitioners, v. Harry L. LYDA, Respondent.

Court of Appeals of Oregon.

Decided October 15, 1997.


Attorney(s) appearing for the Case

Chess Trethewy, Salem, argued the cause for petitioners. With him on the brief was Garrett, Hemann, Robertson, Paulus, Jennings & Comstock, P.C.

David W. Hittle, Salem, argued the cause for respondent. With him on the brief was Burt, Swanson, Lathen, Alexander, McCann & Smith.

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


LANDAU, Judge.

Insurer seeks review of an order of the Workers' Compensation Board (Board) setting aside the insurer's denial under ORS 656.262(6)(c) on the ground that the compensable injury continued to be the major contributing cause of claimant's combined condition. Insurer contends that the Board erroneously "shifted the burden" of proving compensability, that the Board's order is not supported by substantial evidence and that the Board's factual findings are...

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