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JOHNSON v. STATE ACCIDENT INSURANCE FUND

483 P.2d 472 (1971)

In the matter of the Compensation of the Beneficiaries of Robert W. JOHNSON, Deceased. Evalyn S. Johnson, Respondent, v. STATE ACCIDENT INSURANCE FUND, Appellant.

Court of Appeals of Oregon, Department 2.

Decided April 8, 1971.

Attorney(s) appearing for the Case

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

Harold W. Adams, Salem, argued the cause for respondent. With him on the brief were Estep & Daniels, Salem.

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

SCHWAB, Chief Justice.

The State Accident Insurance Fund appeals from a judgment of the circuit court holding that the claimant, Mrs. Johnson, was entitled to compensation for the reason that her deceased husband had died of an occupational disease (heart disease) resulting from his employment as a fireman. The issue is whether or not under the Occupational Disease Law, ORS 656.802 to ORS 656.824, courts have jurisdiction over the question of whether or not heart...

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