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CECO CORP. v. BAILEY

82-06336, 83-00773, 83-00774 and 83-00969; CA A31149.

693 P.2d 1325 (1985)

71 Or.App. 782

IN THE MATTER OF THE COMPENSATION OF DONALD R. BAILEY, Claimant. CECO Corporation and General Accident Insurance, Its Insurer, Petitioners, v. Donald R. BAILEY, Cotter & Company, Mitchell Bros. Truck Lines, Ebi Companies, Wni, Inc., and Farmers Insurance Group, Respondents.

Court of Appeals of Oregon.

Decided January 23, 1985.

Attorney(s) appearing for the Case

Jerald P. Keene, Portland, argued the cause, for petitioners. With him on the brief was Roberts, Reinisch & Klor, P.C., Portland.

Jan Thomas Baisch, Portland, waived appearance for respondent Donald Bailey.

Patrick D. Gilroy, Portland, argued the cause, for respondent Cotter & Company. With him on the brief were Schuyler T. Wallace, Jr., and Mitchell, Lang & Smith, Portland.

Bruce L. Byerly, Portland, argued the cause, for respondents Mitchell Bros. Truck Lines and EBI Companies. With him on the brief was Moscato & Byerly, Portland.

LaVonne Reimer, Portland, argued the cause, for respondents WNI, Inc., and Farmers Insurance Group. With her on the brief was Lindsay, Hart, Neil & Weigler, Portland.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

The issue in this workers' compensation case is which of four employers (Ceco Corporation, Cotter & Company, Mitchell Bros. Truck Lines, or WNI, Inc.) is responsible for claimant's herniated lumbar disc and resulting surgery. The referee decided that the work conditions at claimant's last employer, WNI, Inc., constituted a new injury which materially contributed to claimant's condition. The Board reversed, finding that claimant's condition resulted...

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