FLYING SCOTSMAN, INC. v. LEACH

No. 78-7706; CA 17404.

630 P.2d 900 (1981)

53 Or.App. 14

FLYING SCOTSMAN, INC., an Oregon Corporation, Appellant, v. Vernon LEACH and Charles Wilson, Dba Leach & Wilson Trucking, and Richard Paul Presley, Respondents.

Court of Appeals of Oregon.

Decided July 6, 1981.


Attorney(s) appearing for the Case

David Brewer, Eugene, argued the cause for appellant. With him on the briefs were Herb Lombard and Lombard, Gardner, Honsowetz, Brewer & Schons, Eugene.

Edward V. O'Reilly, Eugene, argued the cause and filed the brief for respondents.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.


RICHARDSON, Presiding Judge.

The issue in this case is whether an employer whose employee suffers a compensable injury under the Workers' Compensation Law as a result of the negligence of a third party tortfeasor is entitled to indemnification from the tortfeasor for a resulting increase in the employer's workers' compensation insurance premium. The trial court concluded that the plaintiff employer was not entitled to indemnification damages. We affirm.

A...

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