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EDWARD HINES LUMBER CO. v. KEPHART

WCB O/M 81-0173M; CA A36968.

724 P.2d 837 (1986)

81 Or. App. 43

In the Matter of the Compensation of Archie F. Kephart, Claimant. EDWARD HINES LUMBER CO., Petitioner, v. Archie F. KEPHART, Respondent.

Court of Appeals of Oregon.

Decided September 3, 1986.

Attorney(s) appearing for the Case

Marshall C. Cheney, Portland, argued the cause and filed the brief for petitioner.

James L. Edmunson, Portland, argued the cause for respondent. With him on the brief was Malagon & Moore, Portland.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

WARDEN, Presiding Judge.

Employer petitions for judicial review of an order of the Workers' Compensation Board, made on the Board's own motion under ORS 656.278,1 which awarded claimant permanent total disability. Employer makes several arguments, including that ORS 656.278 unconstitutionally delegates legislative authority to the Board. We hold that the statute is constitutional. However, we reverse, because the Board, in contravention...

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