HARRY AND DAVID v. WORKMEN'S COMPENSATION BD.


488 P.2d 829 (1971)

HARRY AND DAVID, an Oregon Corporation, Appellant, v. WORKMEN'S COMPENSATION BOARD, Respondent.

Court of Appeals of Oregon, Department 2.

Decided September 21, 1971.

Rehearing Denied October 14, 1971.

Review Denied November 30, 1971.


Attorney(s) appearing for the Case

William L. Hallmark, Portland, argued the cause and filed the briefs for appellant.

Robert B. Kerr, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.


LANGTRY, Judge.

Plaintiff brought a declaratory judgment proceeding under ORS ch. 28 against the Workmen's Compensation Board to determine the validity of a rule promulgated by the Board, and appeals from an adverse determination.

On April 16, 1968, claimant-employe was hired by plaintiff corporation. He was blind in one eye, which was unknown to plaintiff but obviously known to himself. Two days later, in an on-the-job accident, claimant lost the sight in...

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