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BURKHOLDER v. STATE ACCIDENT INSURANCE FUND

522 P.2d 497 (1974)

In the matter of the Compensation of Gary G. BURKHOLDER, Claimant. Gary G. Burkholder, Respondent, v. STATE ACCIDENT INSURANCE FUND, Appellant.

Court of Appeals of Oregon.

Decided May 20, 1974.

Attorney(s) appearing for the Case

Jim G. Russell, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Vincent G. Ierulli, Portland, argued the cause for respondent. With him on the brief were Franklin, Bennett, Ofelt & Jolles, P.C., Portland.

Before LANGTRY, P.J., and FOLEY and THORNTON, JJ.

LANGTRY, Presiding Judge.

The question presented in this appeal is whether claimant suffered a compensable injury on November 3, 1969. Claimant contends he accidentally fell as he got off a forklift Hyster truck. State Accident Insurance Fund contends that the accident was staged and that the claim is a fraud. The incident happened while claimant was operating the Hyster in the unloading of a railroad boxcar adjacent to a platform outside a warehouse. Claimant was...

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