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GIUSTI WINE CO. EBI v. ADAMS

86-08747, 85-15626, 86-01876, 86-08746; CA A46450.

764 P.2d 620 (1988)

94 Or.App. 175

In the matter of the Compensation of James G. Adams, Claimant. GIUSTI WINE CO. and EBI Companies, Petitioners, v. James G. ADAMS; United Pacific Insurance; Western Employers Insurance; and Royal Insurance, Respondents.

Court of Appeals of Oregon.

Decided November 23, 1988.

Attorney(s) appearing for the Case

Patric J. Doherty, Portland, argued the cause for petitioners. With him on the brief were Karli L. Olson and Rankin, VavRosky, Doherty, MacColl & Mersereau, Portland.

James L. Edmunson, Eugene, argued the cause for respondent James G. Adams. With him on the brief were A. Sue Guthrie and Malagon & Moore, Eugene.

Otto R. Skopil, III, Portland, argued the cause for respondent United Pacific Ins. With him on the brief were Bruce L. Byerly and Moscato & Byerly, Portland.

Craig A. Staples, Portland, argued the cause for respondent Western Employers Ins. With him on the brief was Roberts, Reinisch & Klor, P.C., Portland.

Christopher P. Thomas, Portland, argued the cause for respondent Royal Ins. On the brief was Daryll E. Klein, Portland.

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

PER CURIAM.

In this workers' compensation case, EBI seeks review of a decision of the Board determining that claimant's request for hearing was not untimely.

On August 19, 1985, EBI issued a denial of responsibility for claimant's aggravation claim. It sent the letter by certified mail, return receipt requested, to claimant's correct address. Claimant did not claim the letter, despite notices left by the post office on August 21 and 27. On October 29, 1985...

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