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FOWERS v. STATE ACCIDENT INSURANCE FUND

521 P.2d 363 (1974)

In the matter of the Compensation of the Beneficiaries of L. Dean FOWERS, Deceased. Nola Fowers, Respondent, v. STATE ACCIDENT INSURANCE FUND, Appellant.

Court of Appeals of Oregon.

Decided April 15, 1974.

Rehearing Denied May 22, 1974.

Review Denied June 18, 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.

D.S. Denning, Jr., Vale, argued the cause for respondent. With him on the brief were Schroeder, Denning & Hutchens, Vale.

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

SCHWAB, Chief Judge.

The sole question raised on this workmen's compensation appeal is whether death resulting from an accident arose "* * * out of and in the course of employment * * *." ORS 656.002(6); 656.202(1). The State Accident Insurance Fund denied the claim. The hearing officer, Workmen's Compensation Board and circuit court all in turn allowed the claim. In setting forth the facts we borrow in large part from the briefs of the parties, both of which are...

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