MENDENHALL v. STATE ACCIDENT INSURANCE FUND


517 P.2d 706 (1974)

In the matter of the Compensation of Floyd MENDENHALL, Claimant. Floyd Mendenhall, Respondent, v. STATE ACCIDENT INSURANCE FUND, Appellant.

Court of Appeals of Oregon.

Decided January 7, 1974.

Rehearing Denied February 13, 1974.

Review Denied March 19, 1974.


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.

Brian L. Welch, Portland, argued the cause for respondent. With him on the brief were Pozzi, Wilson & Atchison, Portland.

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


FOLEY, Judge.

The claimant was a Umatilla County deputy sheriff who suffered a coronary attack on March 3, 1968; his employer had knowledge of the attack. No claim was filed under the Oregon Workmen's Compensation Law until February 28, 1972. The State Accident Insurance Fund refused on March 23, 1972, to process it on the ground that notice was not timely filed. See ORS 656.265.1 Claimant then sought

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