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THOMAS v. SAIF

No. 80-10051; CA A26077.

667 P.2d 565 (1983)

64 Or.App. 193

In the matter of the Compensation of John R. THOMAS, Claimant. John R. Thomas, Petitioner, v. SAIF Corporation, Respondent.

Court of Appeals of Oregon.

Decided August 10, 1983.

Attorney(s) appearing for the Case

David C. Force, Eugene, argued the cause and filed the brief for petitioner.

Darrell E. Bewley, Appellate Counsel, State Acc. Ins. Fund Corp., Salem, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Claimant appeals an order on review of the Workers' Compensation Board, which reversed the opinion and order of the referee, holding that the referee and the Board lacked jurisdiction to consider claimant's claim. Because we conclude that SAIF waived its right to assert any defects in claimant's request for hearing, we reverse and remand.

Claimant sustained an injury to his back on January 20, 1979. A determination order was issued...

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