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BENEFICIARIES OF OWEN v. SAIF

82-11633; CA A33203.

713 P.2d 628 (1986)

77 Or.App. 368

In the matter of the Compensation of the BENEFICIARIES OF Charles W. OWEN (Deceased), Claimant. the Beneficiaries of Charles W. Owen (Deceased), Petitioner, v. SAIF Corporation, Respondent.

Court of Appeals of Oregon.

Decided January 29, 1986.

Attorney(s) appearing for the Case

Robert K. Udziela, Portland, argued the cause for petitioner. On the brief were Victor A. Calzaretta and Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland.

Donna Parton Garaventa, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

The issue in this workers' compensation case is whether the widow of a deceased worker is entitled, under ORS 656.208,1 to a hearing on the question of whether the worker was permanently and totally disabled at the time of his death. The Board affirmed the referee's dismissal of her request for a hearing.

The decedent injured his back on November 27, 1967. The original determination order, issued March...

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