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SAIF CORP. v. DUBOSE

(WCB 97-01993; CA A103853; SC S47731).

74 P.3d 1072 (2003)

335 Or. 579

In the Matter of the Compensation of Jodie M. Dubose, Claimant. SAIF CORPORATION and Evergreen Restaurant Group, Respondents on Review, v. Jodie M. DUBOSE, Petitioner on Review.

Supreme Court of Oregon.

Decided August 7, 2003.

Attorney(s) appearing for the Case

Edward J. Harri, Salem, argued the cause for petitioner on review. With him on the brief was James C. Egan, Albany.

Julene M. Quinn, Salem, argued the cause and filed the brief for respondents on review.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, and BALMER, Justices.

RIGGS, J.

In this workers' compensation case, SAIF Corporation (SAIF), the insurer, denied a claim for benefits because claimant had failed to cooperate with SAIF's investigation. Claimant requested a hearing, using the standardized form that the Workers' Compensation Board (board) provides for such requests, but she did not check a box on the hearing request form to indicate that SAIF had denied her claim for "worker noncooperation." Instead, claimant checked the...

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