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SAIF v. CESSNUN

(97-09918; CA A103416)

984 P.2d 894 (1999)

161 Or. App. 367

In the Matter of the Compensation of Michael D. Cessnun, Claimant. SAIF CORPORATION and Gary Foglio Trucking, Inc., Petitioners, v. Michael D. CESSNUN, Respondent.

Court of Appeals of Oregon.

Decided July 7, 1999.

Attorney(s) appearing for the Case

David L. Runner, Salem, argued the cause and filed the brief for petitioners.

Christopher D. Moore, Eugene, argued the cause for respondent. With him on the brief was Malagon, Moore & Jensen.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

LANDAU, P.J.

Employer seeks review of the order of the Workers' Compensation Board (Board) that held claimant's occupational disease claim compensable. Employer contends that the Board applied the wrong legal standard when it concluded that claimant did not have a "preexisting condition" within the meaning of ORS 656.005(24). We reverse and remand for reconsideration.

We review the Board's order to determine whether, as a matter of law, the Board applied an...

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