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HAYDEN v. WORKERS' COMPENSATION DEPT.

A8312-07460; CA A34212.

713 P.2d 612 (1986)

77 Or.App. 328

Johnie HAYDEN, Robert L. Fox, John Glegor and William Warner, Respondents, v. WORKERS' COMPENSATION DEPARTMENT AND LARRY YOUNG, Compliance Director of Workers' Compensation Department, Appellants.

Court of Appeals of Oregon.

Decided January 29, 1986.

Attorney(s) appearing for the Case

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for appellants. With him on briefs were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Dan O'Leary, Portland, argued the cause for respondents. With him on brief were Robert K. Udziela, and Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland.

Before RICHARDSON, P.J., and JOSEPH, C.J., and WARDEN, J.

JOSEPH, Chief Judge.

Plaintiffs are injured workers who receive permanent total disability (PTD) workers' compensation benefits and Social Security disability benefits. Defendants are the Workers' Compensation Department and the director of its Compliance Division. In August, 1983, pursuant to ORS 656.209,1 defendants authorized employers and insurers responsible for plaintiffs' PTD benefits to offset their federal disability payments...

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