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SAIF v. CALKINS

WCB 84-02109; CA A36977.

722 P.2d 43 (1986)

80 Or. App. 369

In the Matter of the Compensation of N.M. Calkins, Claimant. STATE ACCIDENT INSURANCE FUND CORPORATION, Petitioner, v. N.M. CALKINS, Respondent.

Court of Appeals of Oregon.

Decided July 23, 1986.

Reconsideration Denied September 26, 1986.

Attorney(s) appearing for the Case

Darrell E. Bewley, Asst. Atty. Gen., Salem, argued the cause for petitioner. With him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

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

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

WARDEN, Presiding Judge.

SAIF petitions for review of a Workers' Compensation Board order awarding claimant, who is permanently and totally disabled, $5 per week for two of his children who are over age 18 and are attending college. The issue is whether the statute in effect at the time of the injury defined "beneficiary" to include a child over age 18 who is attending college. We reverse.

Claimant was injured in 1976 and was awarded permanent total disability...

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