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DILLINGHAM CORPORATION v. MASSEY

No. 72-2555.

505 F.2d 1126 (1974)

DILLINGHAM CORPORATION, a corporation-employer, and Employers Mutual Liability Insurance Company of Wisconsin, a corporation-insurer, Appellants, v. W. L. MASSEY, Deputy Commissioner Fourteenth Compensation District under the Longshoremen's & Harbor Workers' Compensation Act and Allan G. MacDonald, Claimant, Appellees.

United States Court of Appeals, Ninth Circuit.

Order December 12, 1974.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr. (argued), of Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, Or., for appellants.

Raymond J. Conboy (argued), of Pozzi, Wilson & Atchison, Portland, Or., Ronald R. Glancz, Atty. (argued), of Appellate Section, Civil Div., Dept. of Justice, Washington, D. C., for appellees.

Before KILKENNY and SNEED, Circuit Judges, and JAMESON, District Judge.

OPINION

PER CURIAM:

Appellee MacDonald (claimant) submitted a claim against appellant Dillingham Corporation (employer) for a work-related injury under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq. After an evidentiary hearing, appellee Massey, Deputy Commissioner under the Act, found that claimant's pre-existing condition did not constitute a "previous disability" pursuant to the Act and, therefore, that employer...

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