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BENTLEY v. STATE ACC. INS. FUND

No. 76-5766; CA 9877.

590 P.2d 746 (1979)

38 Or.App. 469

In the matter of the Compensation of Velma R. Ober BENTLEY, Claimant, Respondent, v. STATE Accident Insurance Fund, Petitioner.

Court of Appeals of Oregon.

Decided February 20, 1979.

Attorney(s) appearing for the Case

Quintin B. Estell, Associate Counsel, State Accident Insurance Fund, Salem, argued the cause for petitioner. With him on the briefs were K.R. Maloney, Chief Counsel, and James A. Blevins, Chief Trial Counsel, State Accident Insurance Fund, Salem.

Raymond J. Conboy, Portland, argued the cause for respondent. With him on the briefs were Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and Clifford A. Allison, Chief Counsel, Workers' Compensation Division, Dept. of Justice, Salem, filed a brief amicus curiae for Workers' Compensation Board.

Ridgway K. Foley, Jr., and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, filed a brief amicus curiae.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.

RICHARDSON, Judge.

The State Accident Insurance Fund (Fund) appeals an order of the Workers' Compensation Board (Board) affirming the referee's decision that claimant's 1972 award of unscheduled permanent total disability should not be changed. The Fund contends claimant's condition has materially improved and her award should be reduced to 35 percent permanent partial disability. The Fund also contends the referee and Board erred in concluding that the Fund had followed...

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