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STEINER v. STATE ACC. INS. FUND

578 P.2d 497 (1978)

34 Or.App. 317

In the matter of the Compensation of James L. STEINER, Respondent, v. STATE Accident Insurance Fund, Appellant.

Court of Appeals of Oregon.

Argued and Submitted February 28, 1978.

Attorney(s) appearing for the Case

Quintin B. Estell, Associate Counsel, State Accident Ins. Fund, Salem, argued the cause for appellant. On the brief were K.R. Maloney, Chief Counsel, James A. Blevins, Chief Trial Counsel, and James P. Cronan, Jr., Associate Counsel, State Accident Ins. Fund, Salem.

Vincent G. Ierulli, Portland, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.

GILLETTE, Judge.

In this Workers' Compensation case, the sole issue is compensability. Claimant suffers from a fracture of the right arm which employer and SAIF maintain did not occur on the job. The referee found the accident had occurred on the job. The Workers' Compensation Board reversed the referee. The circuit court reversed the Board. Because we cannot say, after a de novo review of the record, that claimant has carried his burden of proof, we reverse...

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