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ESTATE OF MACAITIS v. SAIF CORP.

WCB 87-06841; CA A48503.

769 P.2d 791 (1989)

95 Or.App. 473

In the matter of the Compensation of the Beneficiaries of Wilma F. Macaitis, (Dec'd), Claimant. ESTATE OF Wilma F. MACAITIS, Deceased, Petitioner, v. SAIF CORPORATION AND WHITE OAKS, Respondents.

Court of Appeals of Oregon.

Decided March 8, 1989.

Attorney(s) appearing for the Case

Quintin B. Estell, Salem, argued the cause and filed the brief for petitioner.

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

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

The deceased worker's estate seeks review of the Workers' Compensation Board order upholding the referee's dismissal of a request for a hearing. We reverse.

The worker had requested a hearing regarding the extent of benefits for an accepted claim. About three weeks before the scheduled hearing, she died from causes unrelated to the compensable injury. In a letter notifying the referee of the death, her attorney requested a postponement...

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