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AHLBERG v. SAIF

02-08306, 02-03551; A123806.

111 P.3d 778 (2005)

199 Or. App. 271

In the Matter of the Compensation of Albert A. Ahlberg, Claimant. Albert A. AHLBERG, Petitioner, v. SAIF CORPORATION, Ochoco Lumber Co., SAIF Corporation and Hudspeth Pine, Inc., Respondents.

Court of Appeals of Oregon.

Decided April 27, 2005.

Attorney(s) appearing for the Case

James S. Coon, Portland, argued the cause for petitioner. With him on the briefs was Swanson, Thomas & Coon.

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

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and DEITS, Judge pro tempore.

BREWER, C.J.

Claimant seeks review of an order of the Workers' Compensation Board upholding SAIF's denial of claimant's occupational disease claim for hearing loss on the ground that, by operation of claim preclusion, a previous unappealed denial of a claim for the same condition caused the hearing loss as it existed at the time of denial to become a noncompensable preexisting condition for purposes of the present claim. Because the board determined that claimant...

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