MATTER OF COMPENSATION OF FOSSUM

Nos. 77-3475, 77-6112, 78-958, 78-959 and 78-957; CA 14961.

629 P.2d 857 (1981)

52 Or.App. 769

In the matter of the Compensation of James E. Fossum, Deceased. Helen Fossum, Petitioner, v. STATE ACCIDENT INSURANCE FUND, Argonaut Insurance Company, and Underwriters Adjusting Co., Respondents.

Court of Appeals of Oregon.

Decided June 15, 1981.

Reconsideration Denied July 23, 1981.


Attorney(s) appearing for the Case

Allen T. Murphy, Jr., Portland, argued the cause for petitioner. With him on the brief was Richardson, Murphy & Nelson, Portland.

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

Margaret H. Leek Leiberan, Portland, argued the cause for respondent Argonaut Ins. Co. With her on the brief was Lang, Klein, Wolf, Smith, Griffith & Hallmark, Portland.

Jerard S. Weigler, Portland, argued the cause for respondent Underwriters Adjusting Co. With him on the brief was Lindsay, Nahstoll, Hart, Neil & Weigler, Portland.

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


GILLETTE, Presiding Judge.

This is a workers' compensation proceeding brought by the widow of a worker who died from asbestos-caused cancer. She seeks reversal of the decision of the Workers' Compensation Board (Board) finding the claim noncompensable. In an earlier opinion we found her claim to be barred by the applicable statute of limitations. Fossum v. SAIF, 45 Or.App. 77, 607 P.2d 773

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