Legal Opinion

Compensation of the Beneficiaries of Mawhinney v. State Accident Insurance Fund

Court of Appeals of Oregon

Decided December 24, 1979No. WCB Case Nos. 77-6211 & 77-6994; CA 14336PublishedCited by 2 opinions

1Opinion of the CourtJoseph, P.J.

The issue in this workers’ compensation appeal is factual: Was there a causal connection, both legal and medical, between decedent’s work activities and his fatal heart attack?

The State Accident Insurance Fund (SAIF) denied the widow’s claim. The referee, relying primarily on testimony of the widow and a fellow employee, reversed, concluding that the claim had been established both legally and medically by a preponderance of evidence. On appeal to the Board, the Board reversed the referee and reinstated SAIF’s denial on the ground that conflicts in testimony raised substantial doubt whether…

2Cases cited3 opinions

  1. Coday v. WILLAMETTE TUG & BARGE COMPANYOregon Supreme Court · 1968
  2. Foley v. State Accident Insurance FundCourt of Appeals of Oregon · 1977
  3. Brenner v. Industrial Indemnity Co.Court of Appeals of Oregon · 1977

3Cited by2 opinions

  1. Batdorf v. State Accident Insurance Fund Corp.Court of Appeals of Oregon · 1981
  2. Carter v. Crown Zellerbach Corp.Court of Appeals of Oregon · 1981

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