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LOGUE v. STATE ACC. INS. FUND

WCB No. 77-6812; CA No. 14054.

607 P.2d 750 (1979)

43 Or.App. 991

In the matter of the Compensation of Winfred LOGUE, Claimant, Petitioner, v. STATE Accident Insurance Fund, Respondent.

Court of Appeals of Oregon.

Decided December 31, 1979.

Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for petitioner. With him on the brief was Brown, Burt & Swanson, P.C., Salem.

Darrell Bewley, Associate Counsel, State Accident Insurance Fund, Portland, argued the cause for respondent. With him on the brief were K.R. Maloney, Chief Counsel, and James A. Blevins, Chief Trial Counsel, State Accident Insurance Fund, Salem.

Before BUTTLER, P.J., and GILLETTE and ROBERTS, JJ..

GILLETTE, Judge.

The focal issue in this workers' compensation case is whether this claim was closed before claimant was "medically stationary." ORS 656.268(1).1 Claimant argues that his claim was closed prematurely and that it should be reopened. We agree.

Claimant suffered a compensable injury in 1976 when he was working in a ditch which caved in. Claimant and some pipe that he had been carrying both fell and, during the fall...

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