HIGGINS v. MEDICAL RESEARCH FOUNDATION OF OR.

No. 78-1883; CA 16813.

615 P.2d 1192 (1980)

48 Or.App. 29

In the matter of the Compensation of Dorothy HIGGINS, Petitioner, v. MEDICAL RESEARCH FOUNDATION OF OREGON AND ST. PAUL FIRE & MARINE INSURANCE COMPANY, Respondents.

Court of Appeals of Oregon.

Decided September 2, 1980.


Attorney(s) appearing for the Case

David R. Bangsund, Portland, argued the cause and filed the brief for petitioner.

Frank A. Moscato, Portland, argued the cause for respondent Medical Research Foundation of Oregon. With him on the brief was Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.


RICHARDSON, Presiding Judge.

Claimant appeals from an order of the Workers' Compensation Board (Board) which held that claimant's occupational disease claim was not timely filed. The referee had found that claimant gave the employer actual notice of the claim and that the claim was compensable. Employer contends that the claim was not timely and in the alternative, if timely filed, it is not compensable. The Board did not address the compensability issue in its order...

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