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Wise v. State Accident Insurance Fund

September 10, 1973

WISE, APPELLANT,
v.
STATE ACCIDENT INSURANCE FUND, RESPONDENT



Appeal from Circuit Court, Multnomah County. James R. Ellis, Judge. No. 386-901.

Nikolaus Albrecht, Portland, argued the cause and filed the brief for appellant.

Al J. Laue, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.

Schwab, Chief Judge, and Foley and Fort, Judges.

Per Curiam

Claimant attempts to appeal from a Workmen's Compensation Board order dated November 17, 1972, which recited that copies of the order had been mailed to the parties (including claimant) on that date, November 17, 1972.*fn1 Claimant's appeal was filed December 29, 1972, more than 30 days after the date of mailing.

For reasons which are not disclosed another copy of the same order was mailed to the parties on December 1, 1972. It read as follows:

"December 1, 1972

"TO ALL CONCERNED PARTIES:

Re: Kenneth G. Wise

WCB Case No. 71-2494

SAIF Claim No. C 267527

"The Board order on review in the above matter was issued November 17, 1972. It appears there has been a discrepancy in mailing copies of this order and to insure all parties being advised, we are this date ...


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