Babb v. State Accident Insurance Fund Corp.

In this Workers’ Compensation case the referee awarded permanent total disability. The Board found claimant’s heart problems, eye condition, right ulnar problems, psychological condition and diabetes were not related to an industrial injury and reversed the award in its entirety. We reverse the Board.

Claimant first raises the question of whether SAIF is estopped from denying compensation because it accepted the claim and paid benefits for approximately two years. The Supreme Court has answered that question in the negative in Frasure v. Agripac, 41 Or 7, 596 P2d 1015 (1980).

The incident which…