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WILSON v. STATE ACC. INS. FUND

No. 79-3072; CA 17842.

618 P.2d 473 (1980)

48 Or.App. 993

In the matter of the Compensation of Fred B. WILSON, Claimant, Petitioner, v. STATE Accident Insurance Fund, Respondent.

Court of Appeals of Oregon.

Argued and Submitted September 19, 1980.

Attorney(s) appearing for the Case

Kenneth D. Peterson, Jr., Eugene, argued the cause for petitioner. On the brief, were Evohl F. Malagon and Malagon & Yates, Eugene.

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

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

GILLETTE, Presiding Judge.

This is a Workers' Compensation case in which the sole issue is the legal authority of the respondent State Accident Insurance Fund (SAIF) to recover an overpayment of $2,868.49 which it had made to claimant. Both the referee and the Workers' Compensation Board (Board) found that the manner in which SAIF recovered the overpayment by deducting it from a permanent partial disability award to claimant was proper. Claimant appeals. We disagree...

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