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REYNOLDS ET AL v. HARBERT ET AL

232 Or. 586 (1962)

275 P.2d 245

REYNOLDS ET AL v. HARBERT ET AL and STATE INDUSTRIAL ACCIDENT COMMISSION

Supreme Court of Oregon.

Reversed and remanded October 17, 1962.

Petition for rehearing denied December 11, 1962.

Attorney(s) appearing for the Case

Al J. Laue, Salem, argued the cause for appellants. With him on the brief were Williams & Skopil, Salem.

Paul S. Hybertsen, Portland, argued the cause and filed a brief for respondents.

O.E. McAdams, Jr., Assistant Attorney General, Salem, argued the cause for intervenor-respondent. With him on the brief were Robert Y. Thornton, Attorney General, and Ray H. Lafky, Assistant Attorney General, Salem.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN and DENECKE, Justices.

REVERSED AND REMANDED.

GOODWIN, J.

The widow of a deceased truck operator appeals from a judgment barring her action for damages against an employer.

The trial court held that the Workmen's Compensation Law (ORS ch 656) afforded the only remedy available to the widow, but that certain sections of that chapter when applied to the peculiar facts of the case create a hiatus in coverage which leaves the plaintiff without remedy.

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