NIELSEN v. WILSON


509 P.2d 867 (1973)

Orville K. NIELSEN, Appellant, v. Keith WILSON, Chairman et al., Respondents.

Court of Appeals of Oregon.

Decided May 14, 1973.


Attorney(s) appearing for the Case

J. David Kryger, Albany, argued the cause for appellant. With him on the briefs were Emmons, Kyle, Kropp & Kryger, Albany.

Marshall C. Cheney, Jr., Portland, argued the cause for respondents. With him on the brief were Mize, Kriesien, Fewless, Cheney & Kelley, Portland.

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


FOLEY, Judge.

This is an appeal from an order sustaining defendants' demurrer to an alternative writ of mandamus.

Petitioner was an insurance adjuster whose occupation required that he travel by auto a great deal. He filed a claim for compensation on the basis that his traveling had aggravated a pre-existing back condition. The claim was denied, and after a hearing, the hearing officer ruled that petitioner had sustained an occupational disease in that his...

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