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McDOWELL v. STATE ACCIDENT INSURANCE FUND

510 P.2d 587 (1973)

In the matter of the Compensation of Charles McDowell, Claimant. Charles McDowell, Respondent, v. STATE ACCIDENT INSURANCE FUND, Appellant.

Court of Appeals of Oregon.

Decided May 31, 1973.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

James B. Griswold, Portland, argued the cause and filed the brief for respondent.

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

THORNTON, Judge.

Two questions are presented by this workmen's compensation appeal:

(1) May a claimant who was awarded permanent total disability prior to the 1965 amendments to the Workmen's Compensation Law appeal from an own-motion order of the Workmen's Compensation Board issued in 1971 reducing claimant's award to permanent partial disability, and, if so, (2) may claimant prosecute such appeal against the State Accident Insurance Fund rather than the...

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