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SAIF v. JOHNSON

02-01105, 02-01104, 02-00468, 02-00467, 02-00466, 02-00358, 01-09283, 01-09282; A122825.

108 P.3d 662 (2005)

198 Or. App. 504

In the Matter of the Compensation of David A. Johnson, Claimant. SAIF CORPORATION and Gilkison & Dad, Inc., Petitioners, v. David A. JOHNSON; Crown Zellerbach Corporation and SAIF Corporation; Carol's Enterprises and SAIF Corporation; Bridge Creek Logging and Liberty Northwest Insurance Corporation; Gross & Son Inc. and Liberty Northwest Insurance Corporation; Robert Kelley and Liberty Northwest Insurance Corporation; Barrett Business Services Inc. and Pinnacle-Sims Inc.; Atchley Brothers Inc. and Saif Corporation, Respondents.

Court of Appeals of Oregon.

Decided March 23, 2005.

Attorney(s) appearing for the Case

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

Thomas Cary, Eugene, argued the cause for respondent David A. Johnson. With him on the brief was Cary Wing Edmunsen, P.C.

Ray Myers filed the brief for respondents Crown Zellerbach Corporation and SAIF Corporation and Carol's Enterprises and SAIF Corporation.

David O. Wilson argued the cause and filed the brief for respondents Bridge Creek Logging and Liberty Northwest Insurance Corporation, Gross & Son Inc. and Liberty Northwest Insurance Corporation, and Robert Kelley and Liberty Northwest Insurance Corporation.

Jerald P. Keene waived appearance for respondents Barrett Business Services Inc. and Pinnacle-Sims Inc.

Dean J. Lederer waived appearance for respondents Atchley Brothers Inc. and SAIF Corporation.

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

SCHUMAN, J.

The Workers' Compensation Board, applying the last injurious exposure rule, assigned responsibility for claimant's occupational hearing loss to Gilkison & Dad, Inc. (Gilkison), and its insurer, SAIF. They seek judicial review. Because we conclude that claimant first sought and received medical care when he took an audiogram and obtained a hearing aid and that those events occurred before he was hired by Gilkison...

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