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HEWES v. STATE ACC. INS. FUND

No. 75-3792; CA 9997.

583 P.2d 576 (1978)

In the matter of the Compensation of Virginia HEWES, Claimant, Petitioner, v. STATE Accident Insurance Fund, Respondent.

Court of Appeals of Oregon.

Decided September 6, 1978.

Attorney(s) appearing for the Case

Robert Udziela, Portland, argued the cause for petitioner. On the brief were Dan O'Leary and Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

Lester R. Huntsinger, Associate Counsel, State Acc. Ins. Fund, Salem, argued the cause for respondent. On the brief were K.R. Maloney, Chief Counsel, James A. Blevins, Chief Trial Counsel, and J. Marvin Benson, Associate Counsel, State Acc. Ins. Fund, Salem.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.

RICHARDSON, Judge.

In this workers' compensation case there are two essential issues: whether claimant has established her claim for aggravation and whether she is entitled to penalties and attorney fees for unreasonable delay in denying her claim. The first issue is purely factual. We affirm the Workers' Compensation Board's denial of the claim for aggravation. See Bowman v. Oregon Transfer Company, 33 Or.App. 241,

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