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WILLIAMSON v. STATE ACCIDENT INSURANCE FUND

487 P.2d 110 (1971)

W.L. WILLIAMSON, Appellant, v. STATE Compensation Department of the State of Oregon, Now Known As State ACCIDENT INSURANCE FUND, Respondent.

Court of Appeals of Oregon, Department 1.

Decided July 15, 1971.

Attorney(s) appearing for the Case

Raymond J. Conboy, Portland, argued the cause for appellant. With him on the brief were Pozzi, Wilson & Atchison, and Garry Kahn, Portland.

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 LANGTRY and FOLEY, JJ.

SCHWAB, Chief Judge.

This is an aggravation claim prosecuted by a workman under the "old procedure," that is, under the provisions of the Workmen's Compensation Law prior to the 1965 amendment. Oregon Laws 1965, ch. 285, p. 560.

The matter was tried to a jury before the circuit court of Coos County in August of 1968. The trial judge instructed the jury that the compensation department was entitled to a presumption "that it has properly determined when the...

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