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NAPIER v. STATE ACC. INS. FUND

570 P.2d 393 (1977)

31 Or.App. 261

In the matter of the Compensation of Victor H. NAPIER, Claimant, Appellant, v. STATE Accident Insurance Fund, Respondent.

Court of Appeals of Oregon.

Decided October 24, 1977.

Attorney(s) appearing for the Case

David W. Hittle, Salem, argued the cause for appellant. With him on the brief were Rolf Olson and Dye & Olson, Salem.

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

Before SCHWAB, C.J., and RICHARDSON and JOSEPH, JJ.

SCHWAB, Chief Judge.

This workers' compensation case arises out of a heart attack suffered by claimant some four days after he engaged in physical exertion which he contends was work-related. Referee, board and circuit court found in favor of the defendant-State Accident Insurance Fund, and we do also.

Claimant has failed to prove by a preponderance of the evidence that the act which he contends precipitated his heart attack arose out of and in the course...

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