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IVERSON v. STATE ACC. INS. FUND

561 P.2d 651 (1977)

28 Or.App. 789

In the matter of the Compensation of Roy A. IVERSON, Claimant, Appellant, v. STATE Accident Insurance Fund, Respondent.

Court of Appeals of Oregon.

Decided March 21, 1977.

Attorney(s) appearing for the Case

William B. Reisbick, Milwaukie, argued the cause and filed the brief for appellant.

Melinda L. Bruce, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Solicitor Gen., Salem.

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

LEE, Judge.

The determinative issue in this workmen's compensation case is that of causation. The referee, Workmen's Compensation Board and circuit court each found that claimant had not established by a preponderance of evidence that his debilitating condition — rheumatoid spondylitis — had "arise[n] out of and in the scope of [his] employment," i.e., that his employment had either caused or aggravated the condition in any material way,

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