McALENY v. MAX J. KUNEY CO., 331 Or. 596 (2001)

16 P.3d 1154

In the Matter of the Compensation of Rodney G. McAleny, Claimant. RODNEY G. McALENY, Petitioner on Review, v. MAX J. KUNEY CO., and SAIF CORPORATION, Respondent on Review.

(WCB 95-09821; CA A95113; SC S44443)Oregon Supreme Court.
Filed: February 8, 2001

On petition for review filed August 11, 1997.[*]

[*] Judicial review from the Workers’ Compensation Board; 149 Or. App. 212, 942 P.2d 302 (1997).

Brad Larsen, Portland, filed the petition for petitioner on review.

No appearance contra.

Before Carson, Chief Justice, and Gillette, Durham, Leeson, and Riggs, Justices.[**]

[**] Van Hoomissen, J., retired December 31, 2000, and did not participate in the decision of this case. Kulongoski and De Muniz, JJ., did not participate in the consideration or decision of this case.

MEMORANDUM OPINION

The petition for review is allowed. The decision of the Court of Appeals is vacated. The case is remanded to the Workers’ Compensation Board for further proceedings in light of this court’s decision i Robinson v. Nabisco, Inc, 331 Or. 178, 11 P.3d 1286 (2000).

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