Legal Opinion

Thurston v. Mitchell Bros. Contractors

Court of Appeals of Oregon

Decided August 18, 1982No. WCB No. 79-09759, CA A22120PublishedCited by 2 opinions

1Opinion of the CourtVan Hoomissen, J.

Claimant appeals from an order of the Workers’ Compensation Board reversing a referee’s finding that his myocardial infarction was job-related. The issue is compensability. We review de novo and affirm.

Claimant, age 50, was employed as a truck driver. At noon on February 20, 1979, he left home to load his truck in Tacoma for a haul to San Francisco. On reaching Tacoma at 2 p.m., his first task was to strap and tie down his load. That process took from 20 to 30 minutes and was physically demanding, causing him to sweat and to breathe heavily. He began driving from Tacoma at about 3 p.m. On…

2Cases cited11 opinions

  1. Rogers v. State Accident Insurance FundOregon Supreme Court · 1980
  2. Coday v. WILLAMETTE TUG & BARGE COMPANYOregon Supreme Court · 1968
  3. Clayton v. State Compensation DepartmentOregon Supreme Court · 1969
  4. Summit v. Weyerhaeuser CompanyCourt of Appeals of Oregon · 1976
  5. Foley v. State Accident Insurance FundCourt of Appeals of Oregon · 1977

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3Cited by2 opinions

  1. Ginter v. Woodburn United Methodist ChurchCourt of Appeals of Oregon · 1983
  2. Queen v. State Accident Insurance Fund Corp.Court of Appeals of Oregon · 1983

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