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RASMUSSEN v. SAIF

00-1698; A112064.

50 P.3d 248 (2002)

182 Or. App. 642

In the Matter of the Compensation of Myron Rasmussen, Claimant. Myron RASMUSSEN, Petitioner, v. SAIF CORPORATION and Nurmi Construction, Respondents.

Court of Appeals of Oregon.

Decided July 17, 2002.

Attorney(s) appearing for the Case

Joseph Di Bartolomeo, Astoria, argued the cause for petitioner. With him on the briefs was Lavis & Di Bartolomeo.

Julene M. Quinn, Salem, argued the cause and filed the brief for respondents.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

LINDER, J.

Claimant seeks review of a Workers' Compensation Board order determining that SAIF adequately responded to claimant's "omitted condition" claim within the time prescribed by ORS 656.262(6)(d) (1999). Because of that determination, the board further concluded that SAIF's response was not a denial under ORS 656.386(1)(b)(B) (1999) and that claimant was not entitled to attorney fees under ORS 656.386(1)(a) (1999). We review the board's conclusion for its legal...

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