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NOLLEN v. STATE ACCIDENT INSURANCE FUND

542 P.2d 932 (1975)

In the matter of the Compensation of Clifford L. NOLLEN, Claimant. Clifford L. Nollen, Claimant-Respondent, Albany Frozen Foods, Respondent, v. STATE ACCIDENT INSURANCE FUND, Appellant.

Court of Appeals of Oregon.

Decided November 24, 1975.

Attorney(s) appearing for the Case

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Lyle C. Velure, Medford, argued the cause for respondent Albany Frozen Foods. With him on the brief were Hugh B. Collins and Collins, Ferris & Velure, Medford.

No appearance by claimant-respondent.

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

THORNTON, Judge.

The State Accident Insurance Fund (SAIF) appeals from a decision of the circuit court upholding a ruling of the Workmen's Compensation Board. The Board ruled that it was without jurisdiction to consider the merits of SAIF's appeal from the referee's decision because the notice requirements of ORS 656.295 had not been met.

Two issues are presented: First, is service on a claimant's attorney sufficient service as to the claimant? Second, is...

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