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ROSSI v. ZIDELL EXPLORATIONS

No. 77-498; CA 11808.

595 P.2d 512 (1979)

40 Or.App. 417

In the matter of the Compensation of the Beneficiaries of Augustine J. ROSSI, Deceased, Petitioners, v. ZIDELL EXPLORATIONS, Inc., Respondent.

Court of Appeals of Oregon.

Decided May 29, 1979.

Attorney(s) appearing for the Case

Robert K. Udziela, Portland, argued the cause for petitioners. With him on the brief were Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

Ridgway K. Foley, Jr., Portland, argued the cause for respondent. With him on the brief were Roger A. Luedtke, Jan K. Kitchel, and Souther, Spaudling, Kinsey, Williamson & Schwabe, Portland.

Before SCHWAB, C.J., and THORNTON, LEE and GILLETTE, JJ.

LEE, Judge.

In this Workers' Compensation case claimants' decedent sustained a compensable back injury on August 21, 1975, underwent a laminectomy December 3, 1975, and died of unrelated lung cancer on July 19, 1976. On September 16, 1976, a determination order was issued which granted temporary total disability from September 2, 1975, through July 19, 1976, without any award for permanent partial disability. The only issue is whether the worker's beneficiaries are...

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