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FRED MEYER STORES, INC. v. ERNST

01-02036; A118163.

79 P.3d 387 (2003)

190 Or. App. 525

In the Matter of the Compensation of Anne L. Ernst, Claimant. FRED MEYER STORES, INC., Petitioner, v. Anne L. ERNST, Respondent.

Court of Appeals of Oregon.

Decided November 13, 2003.

Attorney(s) appearing for the Case

Deborah L. Sather, Portland, argued the cause for petitioner. With her on the briefs was Sather, Byerly & Holloway.

David J. Hollander, Portland, argued the cause for respondent. On the brief were Philip M. Lebenbaum and Hollander, Lebenbaum & Gannicott.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Judy C. Lucas, Assistant Attorney General, filed the brief amicus curiae for State of Oregon.

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

WOLLHEIM, J.

In this workers' compensation case, petitioner Fred Meyer Stores, Inc. (Fred Meyer), argues that the Workers' Compensation Board abused its discretion by issuing its order in the absence of a board member with the "background and understanding as to the concerns of employers * * *." ORS 656.712(1). For the reasons that follow, we hold that the board did not abuse its discretion and affirm.

Claimant filed an occupational disease claim for bilateral...

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