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LES SCHWAB WAREHOUSE CENTER v. SAIF CORP.

00-06672, 00-06673; A118249.

78 P.3d 1249 (2003)

190 Or. App. 338

In the Matter of the Compensation of Steve E. Houston, Claimant. LES SCHWAB WAREHOUSE CENTER, Petitioner, v. SAIF CORPORATION, Agness Enterprises, and Steve E. Houston, Respondents.

Court of Appeals of Oregon.

Decided October 29, 2003.

Attorney(s) appearing for the Case

Kathryn M. Pratt argued the cause for petitioner. On the opening brief were Brian B. Williams, Scott P. Monfils, and Hitt Hiller & Monfils LLP. On the reply brief was Scott P. Monfils.

Christopher D. Moore, Eugene, argued the cause and filed the brief for respondent Steve E. Houston.

Jerome P. Larkin argued the cause and filed the brief for respondents Agness Enterprises and SAIF Corporation.

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

WOLLHEIM, J.

In this workers' compensation case, petitioner Les Schwab Warehouse Center (Les Schwab) argues that the board erroneously applied the last injurious exposure rule to find Les Schwab responsible for claimant's shoulder condition. We agree and reverse and remand.

Claimant first sought medical treatment while working for his first employer, Agness Enterprises, so it is assigned initial responsibility for the claim. Timm v. Maley,

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