MINOR v. DELTA TRUCK LINES

No. 78-2995; CA 14407.

602 P.2d 288 (1979)

43 Or.App. 29

In the matter of the Compensation of Milton MINOR, Claimant, Petitioner, v. DELTA TRUCK LINES and Transport Indemnity Co., Respondents.

Court of Appeals of Oregon.

Decided November 5, 1979.


Attorney(s) appearing for the Case

Stephen R. Frank, Portland, argued the cause for petitioner. With him on the brief was Tooze, Kerr, Marshall & Shenker, Portland.

Dennis R. VavRosky, Portland, argued the cause for respondents. With him on the brief was Rankin, McMurray, Osburn, Gallagher & VavRosky, Portland.

Before SCHWAB, C.J., and TANZER and CAMPBELL, JJ.


TANZER, Judge.

The issue in this workers' compensation case is whether a claimant who is enrolled and actively engaged in an authorized program of vocational rehabilitation may contest the adequacy of a determination order entered prior to the commencement of rehabilitation. We hold that he may.

On January 20, 1978, the Evaluation Division issued its determination order awarding claimant unscheduled permanent partial disability of 25 percent. Claimant thereafter...

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