# McGarrah v. State Accident Insurance Fund Corp.

> Oregon Supreme Court · December 20, 1983 · 296 Or. 145

URL: https://www.frixlaw.com/law-library/cases/9590533

## Case

- **Full name:** In the Matter of the Compensation of Henry McGarrah, Claimant. McGARRAH, Respondent on Review, v. STATE ACCIDENT INSURANCE FUND CORPORATION, Petitioner on Review
- **Court:** Oregon Supreme Court
- **Decided:** December 20, 1983
- **Citations:** 296 Or. 145; 675 P.2d 159; 1983 Ore. LEXIS 1771
- **Precedential status:** Published
- **Opinion:** Concurrence by Lent
- **Judges:** Lent, Linde, Peterson, Campbell, Carson, Jones
- **Cited by:** 56 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9590533

## How later opinions describe it (automated extraction)

- finding that the exclusivity provision of the Alabama Workers’ Compensation Act (Ala. Code §§ 25 — 5—52, 25 — 5—53 (1975)
- noting that many prominent psychotherapists compiled the manual, which comprehensively describes the manifestations of mental disorders

## Opinion text

LENT, J.,
concurring.
I write separately only to express what I perceive to be the thrust of the opinion of the court. “Stress” is not the disease. It is a word which describes the mechanism by which conditions or events actually present at the work place result in mental disease.
*167 An occupational disease is considered an injury except as otherwise provided in the Occupational Disease Law, ORS 656.804. As such, the disease may be a nondisabling compensable injury if it requires medical services only, ORS 656.005(8) (c), or a disabling compensable injury if the disease results in disability or death, ORS 656.005(8)(b).
If conditions or events actually present at the work place are the major contributing cause of a mental disease necessitating medical services or resulting in disability, the worker is entitled to compensation as defined in ORS 656.005(9) under the Occupational Disease Law.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9590533. Public record. Not legal advice.