HAMMONS v. PERINI CORP.

No. 77-6333; CA 14125.

602 P.2d 1094 (1979)

43 Or.App. 299

In the matter of the Compensation of Earvin HAMMONS, Claimant, Respondent, v. PERINI CORPORATION, Employer, Petitioner.

Court of Appeals of Oregon.

Decided November 26, 1979.


Attorney(s) appearing for the Case

Elizabeth K. Reeve, Portland, argued the cause for petitioner. On the brief were L. Edward Robbins, Ridgway K. Foley, Jr., Michael D. Hoffman and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

Paul S. Wiggins, Jr., Forest Grove, argued the cause for respondent. With him on the brief was Caldwell & Higgins, Forest Grove.

Before TANZER, P.J., and THORNTON and CAMPBELL, JJ.


TANZER, Presiding Judge.

This is a claim for compensation for a pneumothorax (collapsed lung) and resulting disease which occurred while the claimant was working as a pipe construction supervisor. He had knocked out a couple of 2 X 4's with a sledge hammer shortly before the collapse. Several years before, he had San Joaquin Valley fever, a lung disease, and had declined recommended surgery. Consequently, a blister grew on the lung. The mechanics of his present injury...

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