Dillingham Corporation v. Massey

505 F.2d 1126 DILLINGHAM CORPORATION, a corporation-employer, and Employers Mutual Liability Insurance Company of Wisconsin, a corporation-insurer, Appellants, v. W. L. MASSEY, Deputy Commissioner Fourteenth Compensation District under the Longshoremen's & Harbor Workers' Compensation Act and Allan G. MacDonald, Claimant, Appellees. No. 72-2555. United States Court of Appeals, Ninth Circuit. Oct. 29, 1974, Order Dec. 12, 1974. Ridgway K. Foley, Jr. (argued), of Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, Or., for appellants. Raymond J. Conboy (argued), of Pozzi, Wilson & Atchison, Portland, Or., Ronald R. Glancz, Atty. (argued), of Appellate Section, civil Div., Dept. of Justice, Washington, D.C., for appellees. OPINION Before KILKENNY and SNEED, Circuit Judges, and JAMESON, District Judge. 1 PER CURIAM: 1 Appellee MacDonald (claimant) submitted a claim against appellant Dillingham Corporation (employer) for a work-related injury under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. 901 et seq. After an evidentiary hearing, appellee Massey, Deputy Commissioner under the Act, found that claimant's pre-existing condition did not…