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SMITH v. LEW WILLIAMS CADILLAC

575 P.2d 669 (1978)

33 Or.App. 21

In the matter of the Compensation of Marshall S. SMITH, Claimant, Appellant, v. LEW WILLIAMS CADILLAC, Employer, Respondent.

Court of Appeals of Oregon.

March 1, 1978.

Attorney(s) appearing for the Case

Dan O'Leary, Portland, argued the cause for appellant. With him on the brief was Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

G. Howard Cliff, Portland, argued the cause and filed the brief for respondent.

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

THORNTON, Judge.

Claimant filed a claim alleging that he contracted an occupational disease as defined in ORS 656.802(1)(a).1 The referee found that claimant had suffered a compensable occupational disease involving his lungs. The Workers' Compensation Board reversed, finding that the claimant had not sustained his burden of proof. The circuit court affirmed the Board and claimant appealed.

The only issue on appeal is whether claimant...

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