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CARDWELL v. STATE ACCIDENT INSURANCE FUND

486 P.2d 587 (1971)

In the matter of the Compensation of the Beneficiaries of William H. CARDWELL, Deceased. Evelyn Cardwell, Appellant, v. STATE ACCIDENT INSURANCE FUND, Respondent.

Court of Appeals of Oregon, Department 1.

Decided July 1, 1971.

Rehearing Denied July 27, 1971.

Review Denied September 21, 1971.

Attorney(s) appearing for the Case

Roy Kilpatrick, John Day, argued the cause for appellant. With him on the briefs were Robert D. Dayton, B.J. Matzen, John Day.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

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

FOLEY, Judge.

This workmen's compensation proceeding was instituted by Evelyn Cardwell to recover benefits from the State Accident Insurance Fund for the death of her husband, William Cardwell. The claim was denied initially on October 24, 1967, by the Claims Division of the then State Compensation Department on the ground that there was no evidence that Mr. Cardwell's death arose out of or in the course of employment as required by statute. ORS 656.002(6). Following...

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