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EDER v. PILCHER CONSTRUCTION

WCB 85-09171; CA A42239.

749 P.2d 607 (1988)

89 Or.App. 425

In the matter of the Compensation of John K. EDER, Deceased, for the Benefit of Jane Eder, Claimant. Jane Eder, Petitioner, v. PILCHER CONSTRUCTION and Argonaut Insurance, Respondents.

Court of Appeals of Oregon.

Decided February 10, 1988.

Attorney(s) appearing for the Case

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

Michael G. Bostwick, Portland, argued the cause for respondents. On the brief were Richard Wm. Davis and Davis, Bostwick, Scheminske & Lyons, Portland.

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

WARREN, Judge.

In this workers' compensation case, claimant seeks review of an order by the Workers' Compensation Board dismissing employer's request for review. The issue is whether the Board retains jurisdiction to review a referee's order when the requesting party withdraws its request to review, after the responding party, without filing a timely cross-request, questions the validity of the referee's order.

Claimant's husband died on May 29, 1985, from...

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