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NORTHRUP KING & CO. v. FISHER

WCB 85-13310; CA A42977.

757 P.2d 855 (1988)

91 Or.App. 602

IN THE MATTER OF THE COMPENSATION OF LLOYD O. FISHER, Claimant. NORTHRUP KING & Company and Liberty Northwest Insurance Corporation, Petitioners, v. Lloyd O. FISHER, Respondent.

Court of Appeals of Oregon.

Decided June 22, 1988.

Reconsideration Denied August 12, 1988.

Attorney(s) appearing for the Case

Jas J. Adams, Portland, argued the cause for petitioners. With him on the brief was Acker, Underwood & Smith, Portland.

Edward J. Harri, Salem, argued the cause for respondent. With him on the brief were Richard T. Kropp and Emmons, Kyle, Kropp, Kryger & Alexander, P.C., Albany.

Before WARDEN, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

VAN HOOMISSEN, Judge.

Northrup King & Company (employer) seeks review of a Workers' Compensation Board order holding that claimant was entitled to temporary total disability (TTD) benefits for the period during which he was incarcerated in prison. It contends that claimant was not a "worker" while he was incarcerated. We hold that, whether or not employer is correct, it could not terminate the benefits unilaterally. Therefore, we affirm.

Claimant suffered...

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