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MAWHINNEY v. STATE ACC. INS. FUND

WCB Case Nos. 77-6211 & 77-6994; CA 14336.

604 P.2d 430 (1979)

43 Or.App. 819

In the Matter of the Compensation of the Beneficiaries of Charles MAWHINNEY, Deceased, Petitioner, v. STATE ACCIDENT INSURANCE FUND, Respondent.

Court of Appeals of Oregon.

Decided December 24, 1979.

Attorney(s) appearing for the Case

Allen T. Murphy, Jr., Portland, argued the cause for petitioner. With him on the brief was Richardson, Murphy & Nelson, Portland.

Darrell E. Bewley, Associate Counsel of Attorneys for SAIF, Salem, argued the cause for respondent. With him on the brief were K.R. Maloney, Chief Counsel, and James A. Blevins, Chief Trial Counsel, SAIF, Salem.

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.

JOSEPH, Presiding Judge.

The issue in this workers' compensation appeal is factual: Was there a causal connection, both legal and medical, between decedent's work activities and his fatal heart attack.

The State Accident Insurance Fund (SAIF) denied the widow's claim. The referee, relying primarily on testimony of the widow and a fellow employee, reversed, concluding that the claim had been established both legally and medically by a preponderance of evidence...

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