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SAIF v. BALCOM

(WCB 95-09867; CA A97957)

986 P.2d 104 (1999)

162 Or. App. 325

In the Matter of the Compensation of Gerald R. Balcom, Deceased, Claimant. SAIF CORPORATION and Universal Applicators, Inc., Petitioners, v. Janice BALCOM, Personal Representative of the Estate of Gerald Balcom, Deceased, Respondent, and VF Corporation and Jantzen, Inc., Intervenors.

Court of Appeals of Oregon.

Decided August 11, 1999.

Attorney(s) appearing for the Case

Julene M. Quinn argued the cause for petitioners. On the brief was Michael O. Whitty.

Robert E. Nelson, Gresham, and Jerald Keene argued the cause for respondent. On the brief was Robert E. Nelson.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

ARMSTRONG, J.

Petitioners seek review of an order of the Workers' Compensation Board that determined that claimant had suffered a compensable injury. Because claimant died before the final disposition of his hearing request, we remand the case to the Board with instructions to vacate its order and to dismiss claimant's request.

The administrative law judge (ALJ) found the following facts, which were adopted by the Board:

"Claimant was an employee who...

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