TOOLE v. EBI COMPANIES

(WCB No. TP-89003, WCB No. TP-89022, WCB No. TP-89010; CA A62038 (Control), CA A62117, CA A62386).

815 P.2d 216 (1991)

108 Or.App. 57

In the matter of the Compensation of Charlene TOOLE, Claimant. Charlene Toole, by and through the Professional Liability Fund, Petitioner, v. EBI COMPANIES, Respondent. In the matter of the Compensation of Victor S. Lloyd, Claimant. Victor S. Lloyd, by and through the Professional Liability Fund, Petitioner-Cross-Respondent, v. PORT OF PORTLAND, Respondent-Cross-Petitioner. In the matter of the Compensation of Roger L. Shephard, Claimant. Roger L. Shephard, by and through the Professional Liability Fund, Petitioner, v. EBI COMPANIES, Respondent.

Court of Appeals of Oregon.

Decided July 3, 1991.

Reconsideration Denied September 25, 1991.


Attorney(s) appearing for the Case

Frank Moscato, Portland, argued the cause for petitioners and cross-respondent. With him on the briefs were Deborah L. Sather and Cooney, Moscato & Crew, P.C., Portland.

Ridgway K. Foley, Portland, argued the cause for respondents and cross-petitioner. With him on the brief were M. Elizabeth Duncan and Schwabe, Williamson & Wyatt, Portland.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.


JOSEPH, Chief Judge.

In these consolidated cases, claimants had sustained compensable injuries and received workers' compensation benefits. Each claimant pursued a separate personal injury claim against a third party who was alleged to have negligently caused the compensable injury. ORS 656.154; ORS 656.578.1 In each case, claimant lost the third party claim or received only a partial recovery. Claimants then asserted claims against their...

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