Rak v. State Accident Insurance Fund

The significant question in this workers’ compensation case is: Does this court have the inherent power to order that payment of compensation be stayed pending appeal in view of our holding in Wisherd v. Paul Koch, Volkswagen, 28 Or App 513, 559 P2d 1305, Sup Ct review denied (1977), that:

" * * * The clear intent of ORS 656.313 is to require the immediate payment of all compensation due by virtue of the order when the order is entered * * 28 Or App at 517.1

Louis Rak died of a heart attack on August 19, 1969, while employed as a sheet metal worker. His widow filed a claim for benefits in…