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MATTER OF COMPENSATION OF LEARY

WCB No. 80-01939; CA A23101.

653 P.2d 1293 (1982)

60 Or.App. 459

In the matter of the Compensation of Daniel Leary, Claimant. Daniel Leary, Petitioner, v. PACIFIC NORTHWEST BELL, Respondent.

Court of Appeals of Oregon.

Decided December 1, 1982.

Reconsideration Denied January 7, 1983.

Attorney(s) appearing for the Case

Robert K. Udziela, Portland, argued the cause for petitioner. With him on the brief was Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland.

Katherine O'Neil, Portland, argued the cause for respondent. With her on the brief were William H. Replogle, and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Before RICHARDSON, Presiding Judge, and THORNTON and VAN HOOMISSEN, Judges.

VAN HOOMISSEN, Judge.

Claimant appeals an order of the Workers' Compensation Board that reversed a referee's order holding his occupational disease claim compensable. The dispositive issue is whether claimant's physical disabilities arose out of and in the scope of his employment. ORS 656.802(1)(a).1 We review de novo, ORS 656.298(6), and reverse.

Claimant, age 54 at the time of the hearing, had been employed by Pacific...

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