FRASURE v. AGRIPAC, INC.

Nos. 76-5851, 77-2452, CA 12391, SC 26500.

619 P.2d 274 (1980)

290 Or. 99

In the Matter of the Compensation of Lonnie FRASURE, Claimant, Respondent, and Permaneer Corp. and Chubb Pacific Indemnity Group, Respondents/Petitioners, v. AGRIPAC, INC., and Leatherby Insurance Co., Petitioners/Respondents.

Supreme Court of Oregon.

Decided November 4, 1980.


Attorney(s) appearing for the Case

James D. Huegli, Portland, argued the cause for respondents/petitioners Permaneer Corp. and Chubb Pacific Indemnity Group. With him on the brief were Souther, Spaulding, Kinsey, Williamson & Schwabe, and Elizabeth K. Reeve and James M. Finn, Portland.

Gary J. Ebert, Ontario, argued the cause for respondent Lonnie Frasure. With him on the brief was Yturri, Rose & Burnham, Ontario.

Glen McClendon, Portland, argued the cause for petitioners/respondents Agripac, Inc., and Leatherby Insurance Co. With him on the brief were Lindsay, Nahstoll, Hart, Neil & Weigler, and Steven K. Blackhurst, Portland.

Before DENECKE, C.J., and HOWELL, LENT, LINDE and PETERSON, JJ.


PETERSON, Justice.

This case arises under the Workers' Compensation Law. Both the type of accident and the type of injury here being considered are commonplace. However, unusual issues concerning timeliness of claim and the liability of successive employers arose from an unusual flip-flop of medical opinion which occurred at a time far removed from the time of the accident.

THE FACTS

Claimant received a...

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