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STATE, DEPT. OF HUMAN RESOURCES v. PAYNE

9701-00277; CA A98406.

970 P.2d 266 (1998)

157 Or. App. 612

STATE of Oregon, acting By and Through DEPARTMENT OF HUMAN RESOURCES and Senior and Disabled Services Division, Respondent, v. Sharon D. PAYNE, in her capacity as Personal Representative of the Estate of Myrtle Payne, Appellant.

Court of Appeals of Oregon.

Decided December 16, 1998.

Attorney(s) appearing for the Case

Richard S. Diaz, Newport, argued the cause for appellant. With him on the briefs was MacPherson, Gintner, Gordon & Diaz.

Jas. Adams, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before DEITS, Chief Judge, and De MUNIZ and HASELTON, Judges.

DEITS, C.J.

Plaintiff, the State of Oregon, made a claim against the estate of Myrtle Payne, pursuant to ORS 414.105, to recover medical assistance payments that had been made to the decedent. Defendant personal representative disallowed the claim. Plaintiff then brought this action pursuant to ORS 115.145(1)(b) but did not do so within the 30-day period following the disallowance that ORS 115.145(1) prescribes. Defendant pleaded as an affirmative defense that the...

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