Napier v. State Accident Insurance Fund
Napier v. State Accident Insurance Fund
Opinion of the Court
This workers’ compensation case arises out of a heart attack suffered by claimant some four days after he engaged in physical exertion which he contends was work-related. Referee, Board and circuit court found in favor of the defendant — State Accident Insurance Fund, and we do also.
Claimant has failed to prove by a preponderance of the evidence that the act which he contends precipitated his heart attack arose out of and in the course of his employment, ORS 656.005(8),
Affirmed.
"(8)(a) A 'compensable injury’ is an accidental injury, or accidental injury to prosthetic appliances, arising out of and in the course of employment requiring medical services or resulting in disability or death; an injury is accidental if the result is an accident, whether or not due to accidental means.
"Or) A 'disabling compensable injury’ is an injury which entitles the workman to compensation for disability or death.
"(c) A 'nondisabling compensable in jury is any injury which requires medical services only.” ORS 656.005.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.