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ALDRICH v. SAIF

WCB No. 81-08607; CA A30179

691 P.2d 923 (1984)

71 Or.App. 168

In the matter of the Compensation of Mike A. ALDRICH, Claimant. Mike A. Aldrich, Petitioner, v. State Accident Insurance Fund Corporation, Respondent.

Court of Appeals of Oregon.

Decided November 28, 1984.

Attorney(s) appearing for the Case

Marianne Bottini, Portland, argued the cause for petitioner. With her on the brief was Bottini & Bottini, Portland.

Linda DeVries, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before BUTTLER, P.J., JOSEPH, C.J., and ROSSMAN, J.

JOSEPH, Chief Judge.

Claimant seeks review of the Workers' Compensation Board, claiming that it erred in affirming the referee. He argues that the determination order was issued prematurely, SAIF's denial was improper and he should be awarded penalties and attorney fees for SAIF's denial. We reverse.1

Claimant is a 24-year-old man who has a history of problems with his knee. When he was 15, he was diagnosed as having Osgood Schlatter...

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