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ALCUTT v. ADAMS FAMILY FOOD SERVICES, INC.

CV091364; A147515.

311 P.3d 959 (2013)

258 Or. App. 767

Dan ALCUTT, Plaintiff-Appellant, v. ADAMS FAMILY FOOD SERVICES, INC., an Oregon corporation, nka Adams Oregon Enterprises, Inc., an Oregon Corporation, dba McDonald's Restaurant, Defendant-Respondent.

Court of Appeals of Oregon.

Decided October 9, 2013.

Attorney(s) appearing for the Case

Nelson R. Hall argued the cause for appellant. With him on the briefs was Bennett, Hartman, Morris & Kaplan, LLP.

Bruce H. Orr argued the cause for respondent. With him on the brief was Wyse Kadish, LLP.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.

SERCOMBE, J.

Plaintiff, after suffering injuries while working at defendant's McDonald's restaurant, filed a workers' compensation claim that was ultimately denied on the ground that, due to preexisting degenerative disc disease, plaintiff's work activities were not the major contributing cause of his disability or need for treatment. See ORS 656.005(7)(a)(B); ORS 656.266. Subsequently — and on the basis of the same underlying events — plaintiff...

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