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UNITED FOAM CORP. v. WHIDDON

85-14106, 85-14081; CA A46136.

771 P.2d 313 (1989)

96 Or.App. 178

In the matter of the Compensation of Charles H. Whiddon, Claimant. UNITED FOAM CORP., Petitioner — Cross-Respondent, v. Charles H. WHIDDON, Respondent — Cross-Petitioner, Bertsech Mobil and Saif Corporation, Respondents — Cross-Respondents.

Court of Appeals of Oregon.

Decided April 12, 1989.

Attorney(s) appearing for the Case

Patric J. Doherty, Portland, argued the cause for petitioner — cross-respondent. With him on the brief were E. Kimbark MacColl, Jr. and Rankin, VavRosky, Doherty, MacColl & Mersereau, Portland.

Robert K. Udziela, Portland, argued the cause for respondent — cross-petitioner. With him on the brief was Pozzi, Wilson, Atchison, O'Leary and Conboy, Portland.

Darrell E. Bewley, Asst. Atty. Gen., Salem, argued the cause for respondents — cross-respondents. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.

PER CURIAM.

In this Workers' Compensation case, employer seeks review of a Board decision that claimant's request for a hearing was timely.1

On August 29, 1985, employer issued a denial of claimant's aggravation claim and sent it by certified mail to claimant's correct address. The denial was returned unclaimed on September 15, 1985, and was re-sent by ordinary mail on November 7, 1985...

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