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WILLIAMS v. STATE ACC. INS. FUND

WCB No. 76-4573; CA 10466.

584 P.2d 327 (1978)

36 Or.App. 211

In the matter of the Compensation of Walter P. WILLIAMS, Claimant, Respondent, v. STATE Accident Insurance Fund, Petitioner.

Court of Appeals of Oregon.

Decided September 18, 1978.

Attorney(s) appearing for the Case

Kenneth L. Kleinsmith, Associate Counsel, State Acc. Ins. Fund, Legal Div., Portland, argued the cause for petitioner. With him on the brief were Keith R. Maloney, Chief Counsel, and James A. Blevins, Chief Trial Counsel, State Acc. Ins. Fund, Legal Div., Salem.

Keith R. Raines, Portland, argued the cause for respondent. On the brief was Curtis G. Oler, San Francisco, Cal.

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

THORNTON, Judge.

Petitioner State Accident Insurance Fund (SAIF) seeks reversal of the Workers' Compensation Board (Board) order affirming a referee's finding that claimant is suffering from an occupational disease. SAIF argues that claimant has not established by a preponderance of the evidence that he is suffering from disease arising "out of and in the scope of * * * employment." ORS 656.802(1)(a). Upon a de novo review of the entire record, we find that claimant...

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