Derwinski v. Eureka Tire Co.

Appeal is taken by defendant, Eureka Tire Company, from a decision of the Workmen’s Compensation Appeal Board denying apportionment between Eureka Tire Company and Hosking Tire Company of an award of benefits to plaintiff. Eureka claims that the plaintiff’s back injury is the result of degenerative disk syndrome, which, in turn, spanned the course of plaintiff’s employment at both Eureka and Hosking. From this, Eureka maintains that degenerative disk syndrome is a disease within the contemplation of the apportionment statute 1 so as to entitle it to contribution from Hosking.

There is no…