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NELSON v. STATE ACC. INS. FUND

WCB No. 77-1153; CA 14676.

602 P.2d 341 (1979)

43 Or.App. 155

In the matter of the Compensation of Signa NELSON, Claimant, Respondent, v. STATE Accident Insurance Fund, Petitioner.

Court of Appeals of Oregon.

Decided November 5, 1979.

Attorney(s) appearing for the Case

Darrell E. Bewley, Associate Counsel, State Acc. Ins. Fund, Salem, argued the cause for petitioner. With him on the brief were K.R. Maloney, Chief Counsel, and James A. Blevins, Chief Trial Counsel, State Acc. Ins. Fund, Salem.

Noreen K. Saltveit, Portland, argued the cause for respondent. With her on the brief was Merten & Saltveit, Portland.

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

CAMPBELL, Judge.

The State Accident Insurance Fund (SAIF) appeals from a Workers' Compensation Board (Board) order affirming the referee's order setting aside SAIF's May 24, 1973, denial of responsibility for claimant's psychological problems. The issue presented is whether claimant's mental incapacity at the time of the denial excuses her failure to request a hearing on the denial within the time limits established by ORS 656.319(1). We hold that such compliance...

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