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ESTACADA RURAL FIRE DIST. NO. 69 v. HULL

0801504; A148377.

303 P.3d 969 (2013)

256 Or. App. 729

In the Matter of the Compensation of Alan L. Hull, Claimant. ESTACADA RURAL FIRE DISTRICT #69, Petitioner, v. Alan L. HULL, Respondent.

Court of Appeals of Oregon.

Decided May 22, 2013.

Attorney(s) appearing for the Case

George W. Goodman , Newberg, argued the cause for petitioner. With him on the opening brief were Andrew H. Graham and Cummins, Goodman, Fish, Denley & Vickers, P.C. With him on the reply brief were Andrew H. Graham and Cummins, Goodman, Denley & Vickers, P.C.

Benjamin C. Debney , Portland, argued the cause for respondent. On the brief were Bennett P. Dalton and Guinn & Dalton.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

NAKAMOTO, J.

At issue in this case is whether claimant's stress-related heart attack must be analyzed under the so-called firefighters' presumption of ORS 656.802(4) or instead, under the heightened standard of proof for mental disorders found in ORS 656.802(3). The Workers' Compensation Board (board) applied the firefighters' presumption, and employer seeks judicial review. For the following reasons, we reverse and remand.

The facts, as found by the administrative...

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