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KIENE v. WEYERHAEUSER COMPANY

500 P.2d 475 (1972)

In the matter of the Compensation of Robert KIENE, Claimant. Robert Kiene, Respondent, v. WEYERHAEUSER COMPANY, Appellant.

Court of Appeals of Oregon, Department 1.

Decided August 25, 1972.

Rehearing Denied September 14, 1972.

Review Denied November 8, 1972.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., Portland, argued the cause for appellant. With him on briefs were Souther, Spaulding, Kinsey, Williamson & Schwabe, Kenneth D. Renner and Robert E. Joseph, Jr., Portland.

Benton C. Flaxel, North Bend, argued the cause for respondent. With him on brief were Flaxel, Todd & Flaxel, North Bend.

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

THORNTON, Judge.

Employer appeals from a judgment of the Circuit Court for Coos County which reversed an administrative order of the Workmen's Compensation Board denying claimant compensation for a heart attack which occurred at his place of employment on February 24, 1970.

Employer contends that the circuit court erred in finding:

(1) That claimant's claim was not barred by failure to give timely notice as required by ORS 656.265(1), (4) (a); and...

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