ADAMS v. GILBERT TOW SERVICE

No. 81-04335; CA A29201.

684 P.2d 1254 (1984)

69 Or.App. 318

In the matter of the Compensation of Jimmy F. ADAMS, Claimant. Jimmy F. Adams, Petitioner, v. GILBERT TOW SERVICE, Employer, and Argonaut Insurance Company, Carrier, Respondents.

Court of Appeals of Oregon.

Decided July 25, 1984.


Attorney(s) appearing for the Case

Robert K. Udziela, Portland, argued the cause for petitioner. With him on the brief were David A. Hytowitz and Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland.

Allan M. Muir, Portland, argued the cause for respondents. With him on the brief were William H. Replogle and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.


NEWMAN, Judge.

Claimant appeals an order of the Workers' Compensation Board that upheld the referee's determination that claimant's myocardial infarction is not a compensable injury. We reverse.

Claimant, age 49, was a tow truck driver for employer for approximately three years. He worked six days a week from 8 a.m. to 6 p.m. and every other Sunday. He was also required regularly to respond to night calls. About midday on March 25, 1981, he received a call...

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