MATTER OF COMPENSATION OF DETHLEFS

WCB No. 79-04604; CA A21593.

640 P.2d 639 (1982)

55 Or.App. 873

In the matter of the Compensation of Walter J. Dethlefs, Claimant. Walter J. Dethlefs, Petitioner, v. HYSTER CO., Respondent.

Court of Appeals of Oregon.

Decided February 8, 1982.

Reconsideration Denied March 11, 1982.


Attorney(s) appearing for the Case

Richard A. Sly, Portland, argued the cause for appellant. With him on the brief was Bloom, Marandas & Sly, Portland.

Roger R. Warren, Beaverton, argued the cause for respondent. On the brief was David Horne, Beaverton.

Evohl F. Malagon and Malagon, Velure & Yates, Eugene, filed a brief amicus curiae for Oregon Workers Compensation Attorneys Association.

Mildred J. Carmack and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, filed a brief amicus curiae for Association of Workers' Compensation Defense Attorneys.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.


THORNTON, Judge.

The issue presented in this appeal is the proper test for compensability of an occupational disease claim. Claimant appeals from denial by the Workers' Compensation Board of his claim for vasomotor rhinitis and headaches. He claims the Board erred (1) in ruling that the proper test is whether the disease was caused solely by the work environment and (2) in refusing to admit additional evidence post-hearing on the issue of (a) whether claimant...

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