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OVERBEY v. KAISER HEALTH PLAN

WCB 86-05492; CA A42980.

761 P.2d 547 (1988)

93 Or.App. 175

In the matter of the Compensation of Kathleen A. OVERBEY, Claimant. Kathleen A. Overbey, Petitioner, v. KAISER HEALTH PLAN, Respondent.

Court of Appeals of Oregon.

Decided September 14, 1988.

Reconsideration Denied November 25, 1988.

Attorney(s) appearing for the Case

Ralph E. Wiser, III, Portland, argued the cause for petitioner. With him on the brief was Kulongoski, Durham, Drummonds & Colombo, Portland.

Craig E. Staples, Portland, argued the cause for respondent. With him on the brief was Roberts, Reinisch & Klor, P.C., Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

NEWMAN, Judge.

Claimant seeks review of a Workers' Compensation Board order that her compensation for temporary total disability (TTD) should be determined according to the parties' "intent at the time of hire," former OAR 436-60-020(4)(a), because at the time of her injury she was not "regularly employed" and had been employed less than four weeks. Claimant also assigns error to the Board's finding that she was not entitled to penalties and attorney fees....

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