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ICENHOWER v. SAIF CORP.

98-10087; A110770

43 P.3d 431 (2002)

180 Or. App. 297

In the Matter of the Compensation of Lushana K. Icenhower, Claimant. Lushana K. ICENHOWER, Petitioner, v. SAIF CORPORATION and S & S Sheetmetal, Inc., Respondents.

Court of Appeals of Oregon, En Banc.

Resubmitted January 16, 2002.

Decided March 20, 2002.

Attorney(s) appearing for the Case

Robert F. Webber, Medford, argued the cause for petitioner. With him on the brief was Black, Chapman, Webber & Stevens.

Jerome P. Larkin argued the cause and filed the brief for respondents.

Before DEITS, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, KISTLER, BREWER and SCHUMAN, Judges.

Resubmitted en banc January 16, 2002.

HASELTON, J.

In this workers' compensation case, claimant seeks judicial review of an order of the Workers' Compensation Board dismissing her request for a hearing for lack of jurisdiction. We review for errors of law, ORS 183.482(8)(a), and reverse and remand for reconsideration.

The material facts are largely undisputed. Claimant injured her shoulder in November 1998...

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