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HANNA v. McGREW BROS. SAWMILL, INC.

No. 77-6756; CA 14770.

605 P.2d 724 (1980)

44 Or.App. 189

In the matter of the Compensation of Oliver HANNA, Claimant, and Ebi Company, Respondents, v. MCGREW BROTHERS SAWMILL, Inc., and Argonaut Insurance Company, Petitioners.

Court of Appeals of Oregon.

Decided January 28, 1980.

Reconsideration Allowed April 14, 1980.

Attorney(s) appearing for the Case

Mary T. Danford, Portland, argued the cause for petitioner Argonaut Ins. Co. With her on the brief was Lang, Klein, Wolf, Smith, Griffith & Hallmark, Portland.

No appearance for petitioner McGrew Bros. Sawmill, Inc.

David Maddox, Ashland, argued the cause for respondent Oliver Hanna. With him on the brief was Ben Lombard, Jr., Law Offices, Ashland.

Glen McClendon, Portland, argued the cause for respondent EBI Co. With him on the brief was Lindsay, Nahstoll, Hart, Neil & Weigler, Portland.

Before SCHWAB, C.J., and LEE and RICHARDSON, JJ.

Reconsideration Allowed April 14, 1980. See 609 P.2d 422.

RICHARDSON, Judge.

This workers' compensation case involves the issue of which of two insurers is responsible for paying compensation for claimant's injury. A threshold issue is whether claimant is barred from asserting his claim because of his failure to request a hearing after his claim for aggravation was denied by Argonaut...

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