Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

In the Matter of the Compensation of Dianne L. James, Claimant. JAMES, Respondent, v. STATE ACCIDENT INSURANCE FUND, Petitioner.

PER CURIAM.

Remanded for further proceedings.

PER CURIAM.

The Supreme Court remanded this case to this court because "* * * there is a fact question whether claimant's condition was caused by circumstances 'to which an employee is not ordinarily subjected or exposed other than during a period of regular actual employment.' " James v. SAIF, 290 Or. 343, 351, 624 P.2d 565 (1981).

Because the Supreme Court established a criterion for compensability of an occupational disease different than had been previously applied, the parties may not have adequately presented their case. They should have an opportunity to develop the case consistent with the statutory criterion interpreted by the Supreme Court. Accordingly, we remand the case to the Workers' Compensation Board for a determination of compensability. The Board, as it deems appropriate, may request additional briefing, additional evidence or remand the case to the referee for a further hearing.

Remanded for further proceedings.

Use AI to get other relevant cases.

Comments

JAMES v. SAIF
(Mar 9, 1981)