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MATTER OF RAINES

No. 76-1345; CA 10612.

585 P.2d 721 (1978)

36 Or.App. 715

In the matter of the Compensation of the Beneficiaries of Forrest Raines, Deceased. Theresa M. Raines, Claimant and Beneficiary, Appellant, v. EDWARD HINES LUMBER CO., Employer and Carrier, Respondent.

Court of Appeals of Oregon.

Decided October 30, 1978.

Attorney(s) appearing for the Case

Harold Banta, Baker, argued the cause for appellant. With him on the brief was Banta, Silven & Young, Baker.

Scott M. Kelley, Portland, argued the cause for respondent. With him on the brief were Donald O. Costello and Cheney & Kelley, Portland.

Before RICHARDSON, P.J., and LEE and JOSEPH, JJ.

RICHARDSON, Presiding Judge.

Claimant, the deceased worker's widow, appeals denial of benefits under the Workers' Compensation Act. The referee denied the claim and the Workers' Compensation Board adopted the opinion of the referee. Claimant asserts that where the evidence is evenly balanced the liberal construction of the Act afforded injured workers should tip the evenly balanced scales in favor of claimant. Secondly, she argues there is a presumption in favor of...

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