FORNEY v. WESTERN STATES PLYWOOD

WCB No. 80-07538; CA A25760.

672 P.2d 1376 (1983)

66 Or.App. 155

In the matter of the Compensation of Wilma FORNEY, Claimant. Wilma Forney, Petitioner, v. WESTERN STATES PLYWOOD, Respondent.

Court of Appeals of Oregon.

Argued and Submitted March 25, 1983.


Attorney(s) appearing for the Case

David C. Force, Eugene, argued the cause and filed the brief for petitioner.

J.P. Graff, Portland, argued the cause for respondent. With him on the brief was Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


WARREN, Judge.

Claimant appeals a decision of the Workers' Compensation Board, which affirmed the referee and held that employer had acted within its authority in unilaterally recovering an overpayment of permanent partial disability by deducting the amount from payments of temporary total disability.

The parties have stipulated to the facts. Claimant was injured on January 21, 1974. A determination order was issued on July 20, 1976, awarding temporary total...

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