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WAIBEL v. STATE COMPENSATION DEPARTMENT

471 P.2d 826 (1970)

In the matter of the Compensation of Joe WAIBEL, Claimant, Deceased. Mary Waibel, Administratrix of the Estate of Joe Waibel, Deceased, Respondent, v. STATE COMPENSATION DEPARTMENT, Appellant.

Court of Appeals of Oregon, Department 2.

Decided July 9, 1970.

Attorney(s) appearing for the Case

James P. Cronan, Jr., Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Lee Johnson, Atty. Gen., and Wallace Carpenter, Chief Counsel, and Asst. Atty. Gen., Salem.

Wesley A. Franklin, Portland, argued the cause and filed the brief for respondent.

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

SCHWAB, Chief Judge.

The State Compensation Department appeals from a circuit court finding that the now-deceased workman Joe Waibel's total disability immediately preceding his death resulted from an industrial accident and was therefore compensable. Waibel's period of total disability was due to Hodgkin's disease which pre-existed his industrial accident.

There are two questions which must be answered in the affirmative if the ruling of the court below is...

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