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McCRAE v. WILSON

564 P.2d 731 (1977)

29 Or.App. 517

Kathleen McCrae, Appellant, v. Keith WILSON, Chairman of the Workmen's Compensation Board, Ken Phillips and George Moore, Members of the Workmen's Compensation Board, and Commercial Union Assurance Company, a Corporation, Respondents.

Court of Appeals of Oregon.

Decided May 23, 1977.

Attorney(s) appearing for the Case

Raymond J. Conboy, Portland, argued the cause for appellant. With him on the briefs were R. Ladd Lonnquist and Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent Keith Wilson, Chairman of the Workmen's Compensation Board, Ken Phillips and George Moore, members of the Workmen's Compensation Board.

Hershiser, Mitchell & Warren, Portland, attorney for respondent Commercial Union Assurance Company, a corporation, joined in the brief for respondent Workmen's Compensation Board.

Before SCHWAB, C.J., and THORNTON and TANZER, JJ.

TANZER, Judge.

This is a consolidated mandamus and declaratory judgment proceeding. Plaintiff appeals contending that the trial court erred in holding that the Workmen's Compensation Board (WCB) properly construed former ORS 656.210(3) (repealed Oregon Laws 1975, ch. 663, § 1) and in holding that statute to be constitutional.

Plaintiff was injured while employed as a farm laborer and was consequently entitled...

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