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NELSON v. SAIF

84-02707; CA A34757.

714 P.2d 631 (1986)

78 Or.App. 75

In the matter of the Compensation of Lynn O. NELSON, Claimant. Lynn O. Nelson, Petitioner, v. SAIF Corporation, Respondent.

Court of Appeals of Oregon.

Decided February 26, 1986.

Reconsideration Denied April 11, 1986.

Review Allowed April 29, 1986.

Attorney(s) appearing for the Case

Richard A. Lee, Eugene, argued the cause for petitioner. With him on brief was Velure & Bruce, Eugene.

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

Before GILLETTE, P.J., Pro Tem., and VAN HOOMISSEN and YOUNG, JJ.

GILLETTE, Presiding Judge, Pro Tem.

Claimant seeks judicial review of a Worker's Compensation Board order reversing the referee's decision in claimant's favor. The issue, one of first impression in Oregon, is whether employer-paid medical insurance and pension benefits should be included in the Workers' Compensation Act definition of wages in the calculation of benefits. ORS 656.005(27).1 The Board held that they are not encompassed by...

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