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MAVIS v. STATE ACC. INS. FUND

No. 78-5409; CA 15516.

609 P.2d 1318 (1980)

45 Or.App. 1059

In the matter of the Compensation of Bill MAVIS, Claimant, and Ron Brown Construction, Employer, Respondents, v. STATE Accident Insurance Fund, Petitioner.

Court of Appeals of Oregon.

Decided April 28, 1980.

Attorney(s) appearing for the Case

Quinton B. Estell, Associate Counsel, State Acc. Ins. Fund, Salem, argued the cause for petitioner. With him on the brief were K.R. Maloney, Chief Counsel, and James A. Blevins, Chief Trial Counsel, State Acc. Ins. Fund, Salem.

Marvin S. Nepom, Portland, for respondent Bill Mavis, claimant.

Vincent G. Ierulli, Portland, for respondent Ron Brown Const., employer.

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

SCHWAB, Chief Judge.

The Workers' Compensation Board ordered SAIF to pay claimant temporary total disability (TTD) for about three months of time loss and a 25 percent penalty because of unreasonable denial of his claim. We reverse the penalty award on the ground that the issue was not properly raised. We remand the TTD award on the ground that the record is unintelligible.

Claimant suffered a compensable back injury on January 31, 1978, and returned to work...

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