Opinion
WCB 84-13386; CA A39337; SC S34836
Argued and submitted April 5, 1988
Order of Workers' Compensation Board reinstated June 1, 1988
In Banc
On review from the Court of Appeals.
Appeal from final order of the Workers' Compensation Board. 88 Or. App. 291, 745 P.2d 431 (1987).
Margaret E. Rabin, Assistant Attorney General, Salem, appeared on behalf of intervenor and petitioner on review Workers' Compensation Board and petitioners on review SAIF Corporation and JJ's Beauty Salon. With her on the briefs were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Terrance C. Hunt, of Tamblyn Bush, Portland, appeared on behalf of respondent on review. With him on the brief was Brendan Stocklin-Enright of Tamblyn Bush, Portland.
PER CURIAM
The decision of the Court of Appeals is reversed, and the order of the Workers' Compensation Board is reinstated.
Gillette, J., dissented and filed an opinion in which Lent, J., joined.
The decision of the Court of Appeals in Dunn v. SAIF, 88 Or. App. 291, 745 P.2d 431 (1987), is reversed. Weyerhaeuser Company v. Miller, 306 Or. 1, 760 P.2d 1317 (1988). The order of the Workers' Compensation Board is reinstated.
I respectfully dissent for the reasons expressed in my dissenting opinion in Weyerhaeuser Company v. Miller, 306 Or. 1, 760 P.2d 1317 (1988).
Lent, J., joins in this dissenting opinion.