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PORT OF PORTLAND OCIP v. CIERNIAK

03-00246, 02-03587, 02-03064; A126142.

142 P.3d 542 (2006)

207 Or. App. 571

In the Matter of the Compensation of Kevin D. Cierniak, Claimant. PORT OF PORTLAND OCIP and Argonaut Insurance Company, Petitioners-Cross-Respondents, v. Kevin D. CIERNIAK, Respondent-Cross-Petitioner, and SAIF Corporation and Columbia Acoustical, Inc.; and SAIF Corporation and The Harver Company, Respondents-Cross-Respondents.

Court of Appeals of Oregon.

Decided September 6, 2006.

Attorney(s) appearing for the Case

Jerald P. Keene argued the cause and filed the briefs for petitioners-cross-respondents.

James W. Moller argued the cause and filed the briefs for respondent-cross-petitioner.

Ray Myers argued the cause and filed the briefs for respondents-cross-respondents SAIF Corporation and Columbia Acoustical, Inc.

Jerome P. Larkin argued the cause and filed the briefs for respondents-cross-respondents SAIF Corporation and The Harver Company.

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

SCHUMAN, P.J.

After working as a carpenter for various employers for more than 25 years, claimant filed a claim for workers' compensation benefits based on bilateral carpal tunnel syndrome (CTS). The compensability of his condition is not at issue on review; rather, his various employers (and their insurers) disagree among themselves about which employer bears responsibility. The Workers' Compensation Board (board), invoking the last injurious exposure rule, assigned...

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