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RAK v. STATE ACCIDENT INSURANCE FUND

570 P.2d 384 (1977)

31 Or.App. 125

In the matter of the Compensation of the Beneficiaries of Louis RAK, Deceased, Respondents, v. STATE ACCIDENT INSURANCE FUND, Appellant.

Court of Appeals of Oregon.

Decided October 17, 1977.

Attorney(s) appearing for the Case

Kevin L. Mannix, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Raymond J. Conboy, Portland, argued the cause for respondents. On the brief were Donald R. Wilson, Jeffrey S. Mutnick, and Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

Before SCHWAB, C.J., and TANZER and RICHARDSON, JJ.

SCHWAB, Chief Judge.

The significant question in this workers' compensation case is: Does this court have the inherent power to order that payment of compensation be stayed pending appeal in view of our holding in Wisherd v. Paul Koch Volkswagen, 28 Or.App. 513, 559 P.2d 1305, Sup.Ct. review denied (1977), that:

"* * * The clear intent of ORS 656.313 is to require the immediate...

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