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ETCHISON v. STATE ACCIDENT INSURANCE FUND

494 P.2d 455 (1972)

In the matter of the Compensation of Jerry ETCHISON, Claimant. Jerry Etchison, Respondent, v. STATE ACCIDENT INSURANCE FUND, Appellant.

Court of Appeals of Oregon, Department 1.

Decided March 9, 1972.

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 John W. Osburn, Sol. Gen., Salem.

Alan B. Holmes, Medford, argued the cause for respondent. With him on the brief were Holmes, James & Clinkinbeard, Medford.

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

SCHWAB, Chief Judge.

This is an appeal by the State Accident Insurance Fund from an order of the circuit court, reversing the Workmen's Compensation Board and hearing officer, and directing the Fund to accept claimant's claim for compensation. Two questions are presented:

(1) Did the claimant suffer an injury at the time and place he alleges he did?

(2) If so, did the injury arise "out of and in the course of employment"? ORS 656.002(6).

Claimant...

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