ALLEN v. STATE IND. ACC. COM.


200 Or. 521 (1954)

265 P.2d 1086

ALLEN v. STATE INDUSTRIAL ACCIDENT COMMISSION

Supreme Court of Oregon.

Reargued January 6, 1954.

Reversed January 27, 1954.

Petition for rehearing denied February 24, 1954.


Attorney(s) appearing for the Case

Ray H. Lafky, Assistant Attorney General, of Salem, argued the cause for appellant. With him on the briefs were Robert Y. Thornton, Attorney General, Roy K. Terry, Vernon D. Gleaves and Don Parker, of Salem, and T. Walter Gillard, of Portland, Assistant Attorneys General.

James F. Bodie, of Prineville, argued the cause for respondent. With him on the brief was Loren D. Hicks, of Turner.


REVERSED.

LUSK, J.

Pauline R. Allen, widow of Carl Dean Allen, brought this action to recover benefits under the Workmen's Compensation Law on account of the accidental death of her husband. The plaintiff's claim was rejected by the defendant, State Industrial Accident Commission, on the ground that the decedent, an officer of a corporation subject to the Act, had not filed a personal notice of election to become entitled to the benefits of the Act

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