AUSTIN v. CONSOLIDATED FREIGHTWAYS

WCB No. 82-03002; CA A31798.

704 P.2d 525 (1985)

74 Or.App. 680

In the matter of the Compensation of Lee AUSTIN, Claimant. Lee Austin, Petitioner, v. CONSOLIDATED FREIGHTWAYS, Respondent.

Court of Appeals of Oregon.

Decided August 7, 1985.

Reconsideration Denied September 27, 1985.


Attorney(s) appearing for the Case

Robert E. Nelson, Gresham, argued the cause and filed the brief for petitioner.

Alan M. Muir, Portland, argued the cause for respondent. With him on brief were Dennis S. Reese and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

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


WARREN, Judge.

Claimant seeks review of a Board order which affirmed the referee's determination that employer reasonably suspended time loss benefits after learning that claimant was receiving income from self-employment.

Claimant suffered a compensable back injury on December 15, 1981, while working as a truck driver. Although he had not been released for work, on March 3, 1982, he opened a lawn mower repair business, which he had been operating as a hobby...

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