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NESSELRODT v. STATE COMPENSATION DEPARTMENT

248 Or. 452 (1967)

435 P.2d 315

NESSELRODT, Respondent, v. STATE COMPENSATION DEPARTMENT, Appellant.

Supreme Court of Oregon.

Modified and remanded with instructions December 20, 1967.

Attorney(s) appearing for the Case

Quintin B. Estill, Assistant Attorney General, Salem, argued the cause for appellant. With him on the briefs were Robert Y. Thornton, Attorney General, and Wallace Carpenter, Assistant Attorney General, Salem.

Clifford B. Olsen, Portland, argued the cause for respondent. On the brief were Franklin, Olsen, Bennett, Des Brisay and Jolles, Portland.

Before PERRY, Chief Justice, and McALLISTER, O'CONNELL, GOODWIN, DENECKE, HOLMAN and WOODRICH, Justices.

MODIFIED AND REMANDED WITH INSTRUCTIONS.

McALLISTER, J.

The State Compensation Department appeals from a judgment of the circuit court ordering it to increase its award of compensation to the plaintiff.

1. The facts are not in dispute.1 In December, 1958, plaintiff injured the fingers of his left hand in an industrial accident, and was entitled to compensation under the Workmen's Compensation Law. The claim was closed in...

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