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NELSON v. SAIF

WCB 84-02707; CA A34757; SC S32745.

731 P.2d 429 (1987)

302 Or. 463

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

Supreme Court of Oregon.

Decided January 6, 1987.

Attorney(s) appearing for the Case

Michael M. Bruce, Eugene, argued the cause and filed a brief for petitioner on review.

Margaret E. Rabin, Asst. Atty. Gen., Salem, argued the cause for respondent on review.

Samuel J. Imperati, Portland, filed a brief amicus curiae for Oregon Public Employes Union Local 503, SEIU, AFL-CIO, CLC. With him on brief were James S. Coon and Aitchison, Imperati, Barnett & Sherwood, P.C., Portland.

Allan M. Muir, Portland, filed a brief amicus curiae for Ass'n of Workers' Compensation Defense Attorneys. With him on brief was Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, CARSON and JONES, JJ.

LENT, Justice.

The issue is whether money paid by the employer, pursuant to a collective bargaining agreement, into the employees' pension fund and for medical and dental insurance for the employees is a part of "the daily wage the worker was receiving" for the purpose of calculating the amount of compensation for temporary total disability to which the worker was entitled under ORS 656.210. We hold that it is not.

Under Sahnow v. Fireman's Fund Ins. Co...

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