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ALLEN v. STATE ACC. INS. FUND

564 P.2d 1086 (1977)

29 Or.App. 631

In the matter of the Compensation of the Beneficiaries of Kenneth ALLEN, Respondents-Cross-Appellants, v. STATE Accident Insurance Fund, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided June 1, 1977.

Attorney(s) appearing for the Case

Kevin L. Mannix, Asst. Atty. Gen., Salem, argued the cause for appellant-cross-respondent. With him on the briefs were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Ridgway K. Foley, Jr., Portland, argued the cause for respondents-cross-appellants. With him on the brief were Souther, Spaulding, Kinsey, Williamson & Schwabe and James D. Huegli, Portland.

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

TANZER, Judge.

In this worker's compensation proceeding, the family of the decedent worker seeks death benefits. The issue is whether the injury which caused the worker's death arose out of and in the course of his employment, ORS 656.005(8)(a). The hearings officer and the Workmen's Compensation Board held that it did not the circuit court, reversing the Board, held that it did, and the State Accident Insurance Fund appeals...

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