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CITY OF ALBANY v. CARY

02-00211; A122669.

117 P.3d 1062 (2005)

In the Matter of the Compensation of Timothy Cary, Claimant. CITY OF ALBANY, Petitioner-Cross-Respondent, v. Timothy CARY, Respondent-Cross-Petitioner.

Court of Appeals of Oregon.

Decided August 10, 2005.

Attorney(s) appearing for the Case

James W. Moller argued the cause and filed the briefs for petitioner-cross-respondent.

Thomas M. Cary, Eugene, argued the cause and filed the briefs for respondent-cross-petitioner.

Before ARMSTRONG, Presiding Judge, and BREWER, Chief Judge, and LANDAU, Judge.

ARMSTRONG, P.J.

Employer seeks review of an order of the Workers' Compensation Board holding that claimant has a compensable occupational disease of the inner ear, encompassing a perilymphatic fistula and unilateral hyperactive labyrinthitis. Employer contends that claimant's condition is properly analyzed as an injury and that the claim should be denied as untimely. If the claim is analyzed as an occupational disease, then employer challenges the board's determination...

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