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ZWAHLEN v. CROWN ZELLERBACH

No. 81-07457; CA A27610.

676 P.2d 369 (1984)

67 Or.App. 3

In the Matter of the Compensation of Clarence Zwahlen, Claimant. Clarence ZWAHLEN, Petitioner, v. CROWN ZELLERBACH Co., Self-Insured Employer, Respondent.

Court of Appeals of Oregon.

Decided February 15, 1984.

Attorney(s) appearing for the Case

Robert K. Udziela, Portland, argued cause, for petitioner. On brief were William H. Schultz, and Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland.

Cynthia S.C. Shanahan, Portland, argued cause, for respondent. With her on brief were Ronald C. Holloway, and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

PER CURIAM.

In this workers' compensation case, claimant was overpaid certain amounts of temporary total disability after his vocational rehabilitation program was terminated. Relying on OAR 436-54-320, employer unilaterally began to recover the overpayment by deductions from each temporary total disability payment made after the claim was later reopened. The rule does not validly authorize such unilateral recovery. Forney v. Western States Plywood,

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