Burkholder v. State Accident Insurance Fund

The State Accident Insurance Fund appeals from an order of the circuit court directing that a hearing be allowed claimant on his claim for a compensable injury. The principal question to be decided is whether the claimant filed a timely request for a hearing by the Workmen’s Compensation Board after the Fund denied his claim for benefits under the Workmen’s Compensation Act. A second issue involves whether the trial court properly awarded attorney fees to claimant’s attorney.

The Fund mailed a notice on December 8, 1969, stating that claimant’s claim was denied. Pursuant to ORS 656.262 (6),…