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MORGAN v. STIMSON LUMBER CO.

WCB No. 77-292; CA 11451.

590 P.2d 792 (1979)

38 Or.App. 579

In the matter of the Compensation of Charlotte MORGAN, Claimant, Respondent, v. STIMSON LUMBER COMPANY, Employer, Petitioner.

Court of Appeals of Oregon.

Decided February 20, 1979.

Attorney(s) appearing for the Case

R. Kenney Roberts, Portland, argued the cause for petitioner. On the brief were Steven R. Reinisch, and Jones, Lang, Klein, Wolf & Smith, Portland.

David W. Hittle, Salem, argued the cause for respondent. With him on the brief was Dye & Olson, Salem.

Before SCHWAB, C.J., and GILLETTE and ROBERTS, JJ.

ROBERTS, Judge.

Petitioner/employer challenges a Workers' Compensation Board order that it pay a penalty and attorney fees1 pursuant to a Board administrative rule. Petitioner contends that the Board exceeded its rule-making authority in promulgating the rule. We agree.

Following the entry of an order disposing of her claim for a work-related injury to her shoulder with an award of temporary total disability benefits from the Employment...

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