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MATTER OF COMPENSATION OF MITCHELL

No. 78-02298; CA A25857.

664 P.2d 1134 (1983)

63 Or.App. 488

In the matter of the Compensation of Thomas Mitchell, Claimant. State Accident Insurance Fund Corporation, Petitioner, v. Thomas MITCHELL, Respondent.

Court of Appeals of Oregon.

Decided June 15, 1983.

Reconsideration Denied August 9, 1983.

Attorney(s) appearing for the Case

Donna M. Parton, Associate Appellate Counsel, State Acc. Ins. Fund Corp., argued the cause for petitioner. With her on brief was Darrell E. Bewley, Appellate Counsel, State Acc. Ins. Fund Corp., Salem.

Jerome F. Bischoff, and Bischoff & Strooband, P.C., Eugene, filed the brief for respondent.

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

VAN HOOMISSEN, Judge.

SAIF appeals an order of the Workers' Compensation Board that affirmed the referee's order that claimant was entitled to benefits for disability caused by mental illness arising out of his employment.1

The referee found the following facts:

"Claimant, 48 years of age, spent approximately 13 years in State and Federal prisons. He was released in 1964 and worked in food service for approximately six...

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