Citation Codes Equivalent Citations citation codes Docket Number No. A7710-14624, CA 14037, SC 27187 Attorney(S) Robert K. Udziela, Portland, argued the cause for petitioner. With him on the briefs was Pozzi, Wilson, Atchison, Kahn O'Leary, Portland. Elizabeth K. Reeve, Portland, argued the cause for respondent. With her on the brief were Ridgway K. Foley, Jr., Souther, Spaulding, Kinsey, Williamson Schwabe, Donald Joe Willis, Michael D. Hoffman and Steven H. Pratt, Portland. See more information ... Smart Summary Please sign up to generate summary. ROBINSON, Petitioner, v. OMARK INDUSTRIES, INC., Respondent, PER CURIAM. Dismissed. PER CURIAM. We allowed review in this case to consider the issue whether the defendant had immunity as a "complying employer" under ORS 656.017, as discussed in the last paragraph of the opinion of the Court of Appeals. 46 Or. App. 263 at 268-269. This issue was first raised by the plaintiff in his Reply Brief on appeal. Moreover, the issue was neither raised, presented, discussed nor considered in the trial court. Therefore, there is little evidence on this issue in the record. For these reasons, we now view the petition as improvidently granted. Day v. SAIF, 288 Or. 77, 602 P.2d 258 (1979); Fitch v. Public Welfare Div., 279 Or. 297, 567 P.2d 117 (1977). Petition dismissed as improvidently granted.