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FERTIG v. STATE COMPENSATION DEPARTMENT

455 P.2d 180 (1969)

Henrietta FERTIG, Widow of Lawrence Fertig, Deceased, Respondent, v. STATE COMPENSATION DEPARTMENT of the State of Oregon, Appellant.

Supreme Court of Oregon, Department 1.

Decided May 28, 1969.

Attorney(s) appearing for the Case

Evohl F. Malagon, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Robert Y. Thornton, Atty. Gen., Wallace Carpenter, Asst. Atty. Gen., and Chief Counsel, and John R. McCulloch, Jr., Asst. Atty. Gen., Salem.

Raymond J. Conboy, Portland, argued the cause for respondent. With him on the brief were Pozzi, Wilson & Atchison and Donald R. Wilson, Portland.

Before PERRY, C.J., and McALLISTER, O'CONNELL, DENECKE and LANGTRY, JJ.

DENECKE, Justice.

The question in this appeal is whether a widow can secure permanent partial disability workmen's compensation benefits because of an industrial injury to her husband who later died from nonindustrial causes before the board or department made an order determining the extent of his permanent partial disability.

The workman was injured in June 1965 and for three months was paid temporary total disability...

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