LONG v. TUALATIN VALLEY FIRE

(WCB 95-12983; CA A100748)

987 P.2d 1267 (1999)

163 Or. App. 397

In the Matter of the Compensation of Kenneth D. Long, Claimant. Kenneth D. LONG, Petitioner, v. TUALATIN VALLEY FIRE and Liberty Northwest Insurance Corporation, Respondents.

Court of Appeals of Oregon.

Decided October 13, 1999.


Attorney(s) appearing for the Case

Montgomery W. Cobb, Portland, argued the cause for petitioner. With him on the brief was Cobb & Woodworth, LLP.

Alexander D. Libmann argued the cause and filed the brief for respondents.

Before De MUNIZ, Presiding Judge, and HASELTON and LINDER, Judges.


LINDER, J.

Claimant seeks judicial review of an order of the Workers' Compensation Board (Board) denying compensation for his heart condition. At issue in this case is the application of ORS 656.802(4), commonly known as the "firefighter's presumption." Claimant argues that the Board erred in determining that employer rebutted the presumption by clear and convincing evidence. We affirm.

Claimant was a firefighter for nearly 25 years. In 1995, however, he experienced...

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