FMC CORP. v. DIRECTOR, OWCP

No. 88-7271.

886 F.2d 1185 (1989)

FMC CORPORATION, Petitioner, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS; Robert A. Whitcomb, Respondents.

United States Court of Appeals, Ninth Circuit.

Memorandum July 5, 1989.

Decided October 5, 1989.


Attorney(s) appearing for the Case

Mildred J. Carmack, Schwabe, Williamson & Wyatt, Portland, Or., for petitioner.

Joshua T. Gillelan, II, Dept. of Labor, Washington, D.C., for respondents.

Before GOODWIN, Chief Judge, BRUNETTI and O'SCANNLAIN, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

I

Claimant Whitcomb began working for FMC in 1975, at which time he told his employer that he had bursitis in his right shoulder. Whitcomb also had a heart murmur which he did not disclose. In 1976, while working for FMC, Whitcomb sustained an employment related lower back injury which eventually required disc surgery and for which he was awarded temporary total disability benefits. During Whitcomb's convalescence, it was discovered...

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