BLUEMER v. SOUTHLAND INDUSTRIES

0305914, 0405613; A134338.

190 P.3d 418 (2008)

221 Or. App. 252

In the Matter of the Compensation Of Ray W. Bluemer, Claimant. Ray W. BLUEMER, Petitioner, v. SOUTHLAND INDUSTRIES and Unistrut Corporation-TYCO, Respondents.

Court of Appeals of Oregon.

Decided July 23, 2008.


Attorney(s) appearing for the Case

Gayle A. Shields argued the cause and filed the briefs for petitioner.

David L. Johnstone, Portland, argued the cause for respondent Southland Industries. With him on the brief was VavRosky MacColl Olson P.C.

Thomas P. Huynh, Tigard, argued the cause for respondent Unistrut Corporation-Tyco. On the brief was Howard R. Nielsen.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.


LANDAU, P.J.

In this workers' compensation case, the issue is which of two employers is responsible for claimant's collapsed disc at L4-5. The Workers' Compensation Board (board) determined that the collapsed disc is a consequential condition and that claimant's former employer, Unistrut Corporation, is responsible for it. Claimant seeks review of that determination, arguing that he suffers from a combined—not a consequential—condition that is the responsibility...

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