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MAYES v. STATE COMPENSATION DEPARTMENT

461 P.2d 841 (1969)

In the matter of the Compensation of Edward Thomas MAYES. Edward Thomas Mayes, Appellant, v. STATE COMPENSATION DEPARTMENT, Respondent.

Court of Appeals of Oregon.

November 21, 1969.

Attorney(s) appearing for the Case

Berkeley Lent and Edwin A. York, Portland, argued the cause for appellant. On the brief were Lent, York, Paulson & Bullock, and Charles Paulson, Portland.

Gerald C. Knapp, Asst. Atty. Gen., Portland, argued the cause for respondent. With him on the brief were Robert Y. Thornton, Atty. Gen., and Wallace Carpenter, Asst. Atty. Gen. and Chief Counsel State Compensation Department, Salem.

Before SCHWAB, C.J., and LANGTRY, FOLEY and FORT, JJ.

FORT, Judge.

This case presents the difficult question of whether a heart attack sustained by a workman arose out of and in the course of his employment. ORS 656.002(6).

The Supreme Court has had occasion to consider this problem in four recent cases: Clayton v. State Compensation Dept., 88 Or.Adv.Sh. 457, 454 P.2d 628 (1969); Coday v. Willamette Tug & Barge Co., 86 Or.Adv. Sh. 751, 440 P.2d 224

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