GRANDELL v. ROSEBURG LUMBER COMPANY


444 P.2d 944 (1968)

In the matter of the Compensation of the Beneficiaries of Norman GRANDELL, Deceased. Wilma JoAnn Grandell, Alexander Norman Grandell, Charles Edward Grandell, Lillie May Grandell, Mildred Joy Grandell and Michael Kay Grandell, Appellants, v. ROSEBURG LUMBER COMPANY and Fireman's Fund American Insurance Companies, Respondents.

Supreme Court of Oregon, In Banc.

Reargued July 8, 1968.

Decided September 5, 1968.


Attorney(s) appearing for the Case

P.J. Washburn, Roseburg, argued and reargued the cause for appellants. On the briefs were Horn, Slocum & Washburn and William G. Carter, Roseburg.

Eldon F. Caley, Roseburg, argued and reargued the cause for respondents. With him on the briefs were Long, Neuner, Dole & Caley, Roseburg.

Robert Y. Thornton, Atty. Gen., Wallace Carpenter, Chief Counsel, State Compensation Department, Donald J. Howe, and Quintin B. Estell, Asst. Attys. Gen., Salem, filed a brief amicus curiae for State Compensation Department.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and LUSK, JJ.


O'CONNELL, Justice.

This is an action brought by the beneficiaries of Norman Grandell, deceased, to recover benefits under the Workmen's Compensation Act. Plaintiffs appeal from a judgment of the trial court sustaining an order of the Workmen's Compensation Board which had affirmed the order of the Hearing Officer, all of which denied the claim of the beneficiaries.

The question is whether Norman Grandell suffered a compensable injury as defined

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