MODOC LUMBER CO. v. EBI COMPANIES

WCB No. 81-00162, CA A26576; SC 29514.

668 P.2d 1225 (1983)

295 Or. 598

IN THE MATTER OF THE COMPENSATION OF JIMMY MATHIS, Claimant. MODOC LUMBER Company, Petitioner On Review, v. EBI COMPANIES, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided September 7, 1983.


Attorney(s) appearing for the Case

Douglas S. Parker, Portland, argued the cause and submitted briefs for petitioner on review. With him on the briefs were Jonathan T. Harnish, and Bullard, Korshoj, Smith & Jernstedt, P.C., Portland.

Emil R. Berg, Portland, argued the cause and submitted briefs for respondent on review. With him on the briefs was Griffith, Bittner, Abbott & Roberts, Portland.


PER CURIAM.

The Court of Appeals dismissed petitioner's appeal from an order of the Workers' Compensation Board for lack of a proper showing that the notice of appeal had been timely mailed. ORS 19.028. Petitioner sought reinstatement of the appeal by offering proof in the form of an affidavit of counsel accompanied by a written statement of the postmaster, but the court declined to reinstate the appeal. We allowed petitioner's petition for review because the requirements...

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