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UNITED PACIFIC INS. v. HARRIS

Nos. 80-02418, 80-06627; CA A24835.

663 P.2d 1307 (1983)

63 Or.App. 256

In the Matter of the Compensation of Margaret L. Harris, Claimant. UNITED PACIFIC INSURANCE COMPANY, Petitioner, v. Margaret L. HARRIS, and Aetna Insurance Company, Respondents.

Court of Appeals of Oregon.

Decided May 25, 1983.

Reconsideration Denied July 22, 1983.

Attorney(s) appearing for the Case

Brian L. Pocock, Eugene, argued the cause for petitioner. With him on the brief was Cowling, Heysell & Pocock, Eugene.

Stephen R. Frank, Portland, argued the cause for respondent Aetna Insurance Company. With him on the brief was Tooze, Kerr, Marshall & Shenker, Portland.

Garry L. Kahn, Portland, waived appearance for respondent Margaret Harris.

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

JOSEPH, Chief Judge.

The issue in this Workers' Compensation case is which of two successive insurance carriers is responsible for disability benefits for claimant's occupational disease.1 The referee and the Board held the second insurer responsible. We reverse and remand.

The facts are uncontested. Claimant, a 47-year old woman, first suffered severe low back pain in 1970 while working...

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