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McALENY v. SAIF

95-09821; A117460.

81 P.3d 88 (2003)

191 Or. App. 105

In the Matter of the Compensation of Rodney G. McAleny, Claimant. Rodney G. McALENY, Petitioner, v. SAIF CORPORATION and Max J. Kuney Company, Respondents.

Court of Appeals of Oregon.

Decided November 26, 2003.

Attorney(s) appearing for the Case

Brad Larson argued the cause and filed the briefs for petitioner.

David L. Runner, Salem, argued the cause and filed the brief for respondents.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.

SCHUMAN, J.

In Robinson v. Nabisco, Inc., 331 Or. 178, 189-90, 11 P.3d 1286 (2000), the Supreme Court held that when a claimant who sustained a work-related injury and subsequently, during an "insurer medical exam" (IME) conducted to evaluate that injury, suffered a second injury, that second injury arose out of and in the course of employment and therefore entitled the claimant to workers' compensation...

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