Matter of Compensation of Leary

Claimant appeals an order of the Workers’ Compensation Board that reversed a referee’s order holding his occupational disease claim compensable. The dispositive issue is whether claimant’s physical disabilities arose out of and in the scope of his employment. ORS 656.802(1)(a). We review de novo, ORS 656.298(6), and reverse.

Claimant, age 54 at the time of the hearing, had been employed by Pacific Northwest Bell (PNB) for 33 years installing and repairing telephones. In December, 1977, he began experiencing headaches, upset stomach and diarrhea. At the hearing he testified that he was under…