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MOE v. CEILING SYSTEMS, INC.

No. 77-7356; CA 13452.

606 P.2d 644 (1980)

44 Or.App. 429

In the matter of the Compensation of Donald MOE, Claimant, Respondent-Cross-Petitioner, v. CEILING SYSTEMS, INC., Petitioner, v. Johnson Acoustical & Supply Co., Respondent.

Court of Appeals of Oregon.

Decided February 11, 1980.

Attorney(s) appearing for the Case

Elizabeth K. Reeve, Portland, argued the cause for petitioner. With her on the brief were Souther, Spaulding, Kinsey, Williamson & Schwabe and James D. Huegli, Portland.

Edward C. Olson, Portland, argued the cause and filed the brief for respondent-cross-petitioner.

William C. Campbell, Portland, argued the cause for respondent Johnson Acoustical & Supply Co. On the brief were Lindsay, Nahstoll, Hart, Neil & Weigler and James N. Gardner, Portland.

Before SCHWAB, C.J., and LEE and RICHARDSON, JJ.

RICHARDSON, Judge.

This workers' compensation case involves the issues of whether claimant has proven a compensable occupational disease and, if so, which of two employers is responsible for payment of benefits. The referee held that claimant had not established that his condition arose out of and in the course of his employment. The Workers' Compensation Board reversed the order of the referee and ordered Ceiling Systems, Inc., claimant's last employer, to accept...

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