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INGRAM v. SAIF

82-09558; CA A31947.

695 P.2d 930 (1985)

72 Or.App. 215

In the matter of the Compensation of Richard S. INGRAM, Claimant. Richard S. Ingram, Petitioner, v. SAIF Corporation, Respondent.

Court of Appeals of Oregon.

Decided February 20, 1985.

Reconsideration Denied April 5, 1985.

Attorney(s) appearing for the Case

Diana Craine, Portland, argued the cause for petitioner. On the brief were Peter W. Preston, and Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland.

Darrell E. Bewley, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and WARREN and YOUNG, JJ.

YOUNG, Judge.

Claimant petitions for review of a Board order that denied compensation for a heart condition. The question is whether the referee and the Board properly applied ORS 656.802(2), commonly referred to as the "fireman's presumption." The referee found that SAIF had rebutted the presumption by proving that claimant's condition was not work related, and the Board affirmed. On de novo review, we affirm.

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