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FRERES LUMBER CO. v. DAVIS

WCB 88-16048 and 88-20680; CA A66812.

812 P.2d 441 (1991)

In the matter of the Compensation of Ralph J. Davis, Claimant. FRERES LUMBER CO., Petitioner, v. Ralph J. DAVIS, Young & Morgan and Liberty Northwest Insurance, Respondents.

Court of Appeals of Oregon.

Decided June 5, 1991.

Attorney(s) appearing for the Case

Jerry K. Brown, McMinnville, argued the cause for petitioner. With him on the brief was Cummins, Brown, Goodman, Fish & Peterson, P.C., McMinnville.

Willard E. Fox, Salem, argued the cause for respondent Davis. With him on the brief was Allen, Stortz, Fox, Susee & Olson, Salem.

Stafford Hazelett, Portland, argued the cause for respondents Young & Morgan and Liberty Northwest Ins. Corp. With him on the brief was Davis and Bostwick, Portland.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

ROSSMAN, Judge.

Freres Lumber Co. (Freres) seeks review of an order of the Workers' Compensation Board reversing the referee and holding that it, and not Young & Morgan (Y & M), is responsible for claimant's low back condition.

Claimant injured his low back in February, 1984, while working for Freres as a heavy equipment mechanic. He had a preexisting degenerative disc disease. Dr. Melgard, a neurologist, confirmed that his low back problems were due...

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