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MATTER OF COMPENSATION OF FAZZOLARI

WCB 85-16090; CA A45497; SC S35329.

765 P.2d 810 (1988)

307 Or. 236

In the Matter of the Compensation of Tony FAZZOLARI, Claimant. Tony FAZZOLARI, Respondent On Review, v. UNITED BEER DISTRIBUTORS and EBI Companies, Petitioners On Review.

Supreme Court of Oregon, In Banc.

Decided December 20, 1988.

Attorney(s) appearing for the Case

Randy G. Rice, Beers, Zimmerman & Rice, Portland, for petitioners on review.

Robert L. Burns, Gresham, for respondent on review.

Jerald P. Keene, Roberts, Reinisch & Klor, P.C., Portland, for amici curiae Associated Oregon Industries, Ass'n of Workers' Compensation Defense Attys. and Oregon Self-Insurer's Ass'n.

MEMORANDUM OPINION

Petition for review denied.

LINDE, J., dissents and files an opinion in which GILLETTE, J., joins.

LINDE, Justice, dissenting.

The Workers' Compensation Law provides that an injured worker's claim "shall not be closed nor temporary disability compensation terminated if the worker's condition has not become medically stationary * * *." ORS 656.268(1). That section (in the form applicable here) continues:

"(2) When...

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