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LUNDY v. BORDEN CHEMICAL CO.

No. 78-5797; CA 15987.

609 P.2d 1307 (1980)

45 Or.App. 867

In the matter of the Compensation of Kenneth LUNDY, Claimant, Petitioner, v. BORDEN CHEMICAL COMPANY, Respondent.

Court of Appeals of Oregon.

Decided April 14, 1980.

Attorney(s) appearing for the Case

Thomas A. Huntsberger, Springfield, argued the cause for petitioner. With him on the brief was Ackerman & DeWenter, Springfield.

Ridgway K. Foley, Jr., Portland, argued the cause for respondent. With him on the brief were Schwabe, Williamson, Wyatt, Moore & Roberts and Roger A. Luedtke, Portland.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

GILLETTE, Presiding Judge.

The issue in this Workers' Compensation case is whether the claimant's overtime hours should be included in computing his temporary total disability payments. The referee held that claimant's overtime work should be included in determining his daily wage. ORS 656.210, infra. The Workers' Compensation Board reversed. We affirm the Board.

This case was tried on stipulated facts. As the Board stressed, the parties agreed that...

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