Legal Opinion · Dissent

State Accident Insurance Fund Corp. v. Gygi

Court of Appeals of Oregon

Decided January 25, 1982No. 79-9683, CA 19945Published

1DissentThornton, J.

My review of this record convinces me that claimant has not established by a preponderance of the evidence that his alcoholism and physical and mental breakdown constituted a compensable occupational disease arising out of and in the course and scope of his employment. Contrary to the view of the evidence taken by the majority, the evidence persuades me that claimant’s condition did not result from on-the-job stress.

Unlike the claimants in James v. SAIF, 290 Or 343, 624 P2d 565 (1981), and Paresi v. SAIF, 290 Or 365, 624 P2d 572 (1981), which the majority relies upon, this claimant for the…

2Cases cited5 opinions

  1. James v. State Accident Insurance FundOregon Supreme Court · 1981
  2. Friesen v. Gould, Inc.Court of Appeals of Oregon · 1974
  3. Paresi v. State Accident Insurance FundOregon Supreme Court · 1981
  4. Williams v. State Accident Insurance FundCourt of Appeals of Oregon · 1978
  5. Robb v. Employment DivisionCourt of Appeals of Oregon · 1981

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