DONALD DRAKE CO. v. LUNDMARK

Nos. 80-04474, 80-03297; CA A22003.

663 P.2d 1303 (1983)

63 Or.App. 261

In the Matter of the Compensation of Steven Lundmark, Claimant, DONALD M. DRAKE COMPANY, Petitioner, v. Steven LUNDMARK and Fred J. Early Company, Respondents.

Court of Appeals of Oregon.

Decided May 25, 1983.

Reconsideration Denied July 22, 1983.


Attorney(s) appearing for the Case

Margaret H. Leek Leiberan, Portland, argued the cause for petitioner. With her on the brief was Mitchell, Lang & Smith, Portland.

Randee Fenner, Portland, argued the cause for respondent Fred J. Early Company. With her on the brief were Brian B. Doherty, and Miller, Nash, Yerke, Wiener & Hager, Portland.

Michael N. Gutzler, Portland, waived filing brief for respondent Steven Lundmark.

Before RICHARDSON, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.


JOSEPH, Chief Judge.

The issue in this case is which of two successive employers is responsible for compensation for claimant's back condition. Both denied compensability. The first employer, Fred J. Early Company (Early), contended that the back problem was not the result of an injury incurred during employment with the company. The second, Donald Drake Company (Drake), claimed that the condition resulted from a pre-existing...

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