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LIBERTY NORTHWEST INS. CORP. v. KALETA

(WCB 98-03898, 98-02289; CA A105641)

20 P.3d 256 (2001)

173 Or. App. 82

In the Matter of the Compensation of Daniel S. Kaleta, Claimant. LIBERTY NORTHWEST INSURANCE CORPORATION and Davidson's Masonry, Inc., Petitioners-Cross-Respondents, v. Daniel S. KALETA, Respondent-Cross-Petitioner, and SAIF Corporation and Pardue Restoration, Respondents-Cross-Respondents.

Court of Appeals of Oregon.

Decided March 14, 2001.

Attorney(s) appearing for the Case

Alexander D. Libmann argued the cause and filed the briefs for petitioners-cross-respondents.

Edward J. Harri, Salem, argued the cause for respondent-cross-petitioner Daniel S. Kaleta. With him on the brief was Glen Lasken, Sisters.

Jerome P. Larkin argued the cause and filed the briefs for respondents-cross-respondents SAIF Corporation and Pardue Restoration.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

WOLLHEIM, J.

In this workers' compensation case, Davidson's Masonry (Davidson's) seeks review of a Workers' Compensation Board order setting aside its denial of responsibility for claimant's bilateral carpal tunnel syndrome. Davidson's argues that the Board erred in its application of the last injurious exposure rule to determine responsibility. Claimant cross-petitions for review and argues that the Board erred in awarding attorney fees under ORS 656.308(2)(d) rather...

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