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ROBINSON v. NABISCO, INC.

(WCB 93-02515; CA A85643; SC S43918)

11 P.3d 1286 (2000)

331 Or. 178

In the Matter of the Compensation of Kathleen A. Robinson, Claimant. Kathleen A. ROBINSON, Petitioner on Review, v. NABISCO, INC., Respondent on Review.

Supreme Court of Oregon.

Reassigned February 3, 1998.

Decided September 28, 2000.

Attorney(s) appearing for the Case

On review from the Court of Appeals.*

Robert Wollheim, of Welch, Bruun, Green & Wollheim, Portland, argued the cause and filed the petition for petitioner on review.

David L. Johnstone, of Vavrosky, Maccoll, Olson & Miller, Portland, argued the cause for respondent on review. With him on the briefs were Karli L. Olson, Portland, and Patric J. Doherty, Portland.

Kimberley Chaput, of Pozzi, Wilson, Atchison, LLP, Portland, filed a brief on behalf of amici curiae Oregon Workers' Compensation Attorneys and Oregon Trial Lawyers Association.

David L. Runner, Assistant Attorney General, Salem, filed a brief on behalf of amici curiae SAIF Corporation and Max J. Kuney Company.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM, and KULONGOSKI, Justices.

DURHAM, J.

In this workers' compensation case, the issue is whether claimant is entitled to compensation for an injury suffered during a compelled medical examination (CME) under ORS 656.325(1)(a)1 that her employer requested. The Workers' Compensation Board (Board) upheld employer's denial of compensation, and the Court of Appeals affirmed. Robinson v. Nabisco, Inc., 143 Or.App. 59,

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