Saif Corp. v. Wolff

Claimant has filed a petition for reconsideration of our opinion in this case, 148 Or App 296, 939 P2d 630 (1997), in which we held that employer is not precluded from denying the compensability of claimant’s osteochondritis dessicans, asserting that our opinion is inconsistent with Messmer v. Deluxe Cabinet Works, 130 Or App 54, 881 P2d 180 (1994), rev den 320 Or 506 (1995) (Messmer I), and Deluxe Cabinet Works v. Messmer, 140 Or App 548, 915 P2d 1053, rev den 324 Or 305 (1996) (Messmer II). In this case, the Board relied on those cases and held that a 1981 determination order awarding…