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SAIF CORP. v. WEBB

99-07552, 99-06457, 99-01887; A110994

45 P.3d 950 (2002)

181 Or. App. 205

In the Matter of the Compensation of Donald L. Webb, Claimant. SAIF CORPORATION and Astoria Plywood Corporation, Petitioners, v. Donald L. WEBB, EBI Insurance Co./ Astoria Plywood Corporation, and Lumbermen's Underwriter Alliance/ Astoria Plywood Corporation, Respondents.

Court of Appeals of Oregon.

Decided May 1, 2002.

Attorney(s) appearing for the Case

Jerome P. Larkin argued the cause and filed the brief for petitioners.

Jerald P. Keene argued the cause and filed the brief for respondent EBI Insurance Co./Astoria Plywood Corporation.

Kenneth L. Kleinsmith argued the cause for respondents Lumbermen's Underwriting Alliance/Astoria Plywood Corporation. With him on the brief was Meyers, Radler, Bohy, Replogle & Miller.

Martin L. Alvey waived appearance for respondent Donald L. Webb.

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

WOLLHEIM, J.

In this workers' compensation case, SAIF seeks judicial review of a Workers' Compensation Board order setting aside SAIF's denial of responsibility for claimant's right knee tricompartmental degenerative joint disease. SAIF argues that the Board erred when it assigned responsibility to SAIF under an "exception" to the presentation established in Industrial Indemnity Co. v. Kearns, 70 Or.App. 583,

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