WRIGHT v. STATE ACC. INS. FUND

No. 77-657; CA 14540.

602 P.2d 1086 (1979)

43 Or.App. 279

In the matter of the Compensation of Charles WRIGHT, Claimant, Respondent, v. STATE Accident Insurance Fund, Petitioner.

Court of Appeals of Oregon.

Decided November 26, 1979.


Attorney(s) appearing for the Case

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

David R. Vandenberg, Jr., Klamath Falls, argued the cause for respondent. With him on the brief were Bradford J. Aspell and Boivin, Boivin & Aspell, Klamath Falls.

Before TANZER, P.J., and THORNTON and CAMPBELL, JJ.


TANZER, Presiding Judge.

The State Accident Insurance Fund appeals from a Workers' Compensation Board finding that the claimant's condition is compensable as an occupational disease. SAIF contends that the claimant is not entitled to the statutory presumption of firemen's occupational diseases and that he has not shown by a preponderance of the evidence that his disease is work related. We reverse.

The claimant worked as a fireman for the City of Klamath Falls...

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