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RIEGER v. STATE ACC. INS. FUND

No. 76-5248; CA 10058.

580 P.2d 1040 (1978)

35 Or.App. 13

In the matter of the Compensation of Joy RIEGER, Claimant, Respondent, v. STATE Accident Insurance Fund, Petitioner.

Court of Appeals of Oregon.

Decided July 5, 1978.

Attorney(s) appearing for the Case

Quintin B. Estell, Associate Counsel, State Accident Insurance Fund, Salem, argued the cause for petitioner. With him on the brief were K.R. Maloney, Chief Counsel, and James A. Blevins, Chief Trial Counsel, State Acc. Ins. Fund, Salem.

Gary E. Norman, Albany, argued the cause for respondent. With him on the brief was Scott & Norman, Albany.

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

SCHWAB, Chief Judge.

The issue in this workers' compensation case is whether claimant's work activities caused or materially contributed to her back condition which required surgery. Contrary to the Board, we agree with the referee that it did not, and adopt the referee's opinion, which states in pertinent part:

"Claimant alleges she sustained a compensable injury or occupational disease on June 24, 1976 because of prolonged sitting in a chair, apparently...

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