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TAYLOR v. STATE ACC. INS. FUND

No. 77-6373; CA 12322.

595 P.2d 515 (1979)

40 Or.App. 437

In the matter of the Compensation of Geneva TAYLOR, Claimant, Petitioner, v. STATE Accident Insurance Fund, Respondent.

Court of Appeals of Oregon.

Decided May 29, 1979.

Attorney(s) appearing for the Case

David W. Hittle, Salem, argued the cause for petitioner. With him on the brief was Dye & Olson, Salem.

Earl M. Preston, Eugene, argued the cause for respondent. With him on the brief were K.R. Maloney, Chief Counsel, and James A. Blevins, Chief Trial Counsel, Salem.

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

TANZER, Judge.

The issue in this workers' compensation case is whether a carrier which is ordered to pay compensation for temporary total disability following an aggravation claim may take a setoff for installments on an award for permanent partial disability which it previously paid during the period of time for which temporary total disability payments were ordered.

Claimant suffered a compensable injury in September, 1974. She received temporary

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