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PEA v. STATE COMPENSATION DEPARTMENT

248 Or. 487 (1967)

435 P.2d 821

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

Supreme Court of Oregon.

Reversed and remanded December 29, 1967.

Attorney(s) appearing for the Case

Kenneth W. Stodd, Portland, argued the cause and filed briefs for appellant.

Earl M. Preston, Assistant Attorney General, Eugene, argued the cause for respondent. With him on the brief were Robert Y. Thornton, Attorney General, and Wallace Carpenter, Assistant Attorney General, Salem.

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

REVERSED AND REMANDED.

DENECKE, J.

The defendant's predecessor, the Industrial Accident Commission, refused to accept plaintiff's claim for workmen's compensation benefits upon the ground that it was not timely filed. Plaintiff appealed to the circuit court, but that court granted defendant's motion requesting the court to direct the jury to return a verdict for the defendant. Plaintiff appeals.

The plaintiff is a 58-year-old widow. In August 1964...

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