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ELWOOD v. SAIF

SC S 30606; CA A27555; WCB Case No. 80-10264.

693 P.2d 641 (1985)

298 Or. 429

In the matter of the Compensation of Olive J. ELWOOD, Claimant. Olive J. Elwood, Respondent On Review, v. STATE ACCIDENT INSURANCE FUND CORPORATION, Petitioner On Review.

Supreme Court of Oregon.

Decided January 8, 1985.

Attorney(s) appearing for the Case

Thomas A. Huntsberger, Springfield, argued the cause and filed Response for Respondent on Review. With him on the briefs were Ackerman, DeWenter & Huntsberger, Springfield.

Darrell E. Bewley, Asst. Atty. Gen., Salem, filed Petition on Review for Petitioner on Review. With him on the briefs were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

LINDE, Justice.

The occupational disease law provides that a worker is entitled to compensation as for an "injury," ORS 656.804, if the worker contracts a disease that "arises out of and in the scope of the employment, and to which an employe is not ordinarily subjected or exposed other than during a period of regular employment therein." ORS 656.802. Mental illness can be an occupational disease, James v. SAIF, 290 Or. 343,...

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