WRIGHT v. STATE ACC. INS. FUND

WCB 77-657; CA 14540; SC 26685.

613 P.2d 755 (1980)

289 Or. 323

In the matter of the Compensation of Charles R. WRIGHT, Petitioner, v. STATE Accident Insurance Fund, Respondent.

Supreme Court of Oregon.

Decided July 1, 1980.


Attorney(s) appearing for the Case

David R. Vandenberg, Jr., Klamath Falls, argued the cause and filed the brief for petitioner. With him on the brief was Bradford J. Aspell, of Boivin, Boivin & Aspell, Klamath Falls.

Darrell E. Bewley, Associate Counsel, Salem, argued the cause for respondent. With him on the brief were K.R. Maloney, Chief Counsel, and James A. Blevins, Chief Trial Counsel, Salem.

Before DENECKE, C.J., and HOWELL, LENT and PETERSON, JJ.


LENT, Justice.

The issues presented in this case involve the presumption created for the benefit of firefighters in Oregon's occupational disease law, ORS 656.802.

We allowed review to consider the following questions:

(1) What is the procedural effect of the firefighters' presumption in ORS 656.802? (2) Does the holding in Weller v. Union Carbide, 288 Or. 27, 602 P.2d 259...

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