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MATTER OF COMPENSATION OF STONE

WCB No. 79-8878; CA A21258.

646 P.2d 668 (1982)

57 Or.App. 808

In the matter of the Compensation of Sidney A. Stone, Claimant. Sidney A. Stone, Petitioner, v. STATE ACCIDENT INSURANCE FUND CORPORATION, Respondent.

Court of Appeals of Oregon.

Decided June 16, 1982.

Attorney(s) appearing for the Case

Robert K. Udziela, Portland, argued the cause for petitioner. With him on the brief was Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

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

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

VAN HOOMISSEN, Judge.

Claimant appeals an order of the Workers' Compensation Board which affirmed the referee's denial of his occupational disease claim for asbestosis and reversed the referee's order allowing his claim for interim compensation, penalties and attorney fees.

Claimant voluntarily retired from work in 1973 at age 62. At the time of the hearing he was 69 years of age. He concedes that his claim was filed more than five years after his last injurious...

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