HENRY v. STATE ACC. INS. FUND

No. 77-5377; CA 12110.

593 P.2d 1251 (1979)

39 Or.App. 795

In the matter of the Compensation of Lonnie L. HENRY, Claimant, Respondent, v. STATE Accident Insurance Fund, Petitioner.

Court of Appeals of Oregon, In Banc.

Submitted April 16, 1979.

Decided April 23, 1979.


Attorney(s) appearing for the Case

Earl M. Preston, Associate Counsel, State Acc. Ins. Fund, Eugene, 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.

Thomas A. Huntsberger, Springfield, argued the cause for respondent. With him on the brief were John C. DeWenter and Ackerman & DeWenter, Springfield.

Before SCHWAB, C.J., and THORNTON, LEE and GILLETTE, JJ.


Submitted in banc April 16, 1979.

GILLETTE, Judge.

State Accident Insurance Fund (SAIF) seeks reversal of the Workers' Compensation Board (Board) determination that claimant's foot condition is compensable. Both SAIF and the referee had denied compensation. SAIF contends that claimant did not adequately establish that his condition was work-related. We agree and reverse.

The essential facts are as follows: When claimant was about 14, he began working...

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