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SAIF CORP. v. KOLLIAS

0605027; A138457.

227 P.3d 188 (2010)

233 Or. App. 499

In the Matter of the Compensation of Spyros Kollias, Claimant. SAIF CORPORATION and Lucky Limousines & Towncar Service, LLC, Petitioners, v. Spyros KOLLIAS, Respondent.

Court of Appeals of Oregon.

Decided February 3, 2010.

Attorney(s) appearing for the Case

Julene M. Quinn argued the cause and filed the briefs for petitioners.

John M. Oswald argued the cause for respondent. With him on the brief was Bottini, Bottini & Oswald, PC.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

ORTEGA, J.

The issue in this workers' compensation case is the operation of the burden of proof when an employer or insurer seeks to establish that a claimant's "otherwise compensable injury" combines with a preexisting condition to cause a combined condition pursuant to ORS 656.005(7)(a)(B) and ORS 656.266(2). SAIF seeks review of an order of the Workers' Compensation Board holding that, because SAIF had failed to make a prima facie case that claimant had...

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