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MATTER OF COMPENSATION OF HOPSON

WCB Nos. 77-5580-E, 78-6309; CA 19560.

631 P.2d 342 (1981)

53 Or.App. 109

In the matter of the Compensation of William E. Hopson, Claimant, Farmers Insurance Company, Petitioner, v. WILLIAM E. HOPSON AND STATE ACCIDENT INSURANCE FUND, Respondents.

Court of Appeals of Oregon.

Decided July 13, 1981.

Attorney(s) appearing for the Case

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

Allen T. Murphy, Jr., Portland, argued the cause for respondent William E. Hopson. With him on the brief was Richardson, Murphy & Nelson, Portland.

No appearance by respondent State Accident Insurance Fund.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

THORNTON, Judge.

This appeal presents a novel question: Is an insurer who timely requested a hearing on a determination order declaring claimant permanently and totally disabled barred in that hearing by res judicata where the hearing was not held until after the Board, pursuant to ORS 656.206(5), issued an order, two years after the original determination order, declaring that claimant was still totally disabled?...

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