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HOWARD v. LIBERTY NORTHWEST INS.

WCB 86-11692; CA A46394.

765 P.2d 223 (1988)

94 Or.App. 283

In the Matter of the Compensation of James W. HOWARD, Claimant. James W. HOWARD, Petitioner, v. LIBERTY NORTHWEST INS. and H. Logsdon Logging, Respondents.

Court of Appeals of Oregon.

Decided December 7, 1988.

Attorney(s) appearing for the Case

Michael G. Erwert, Wilsonville, argued the cause and filed the brief for petitioner.

Kay E. Kinsley, Salem, argued the cause for respondents. With her on the brief was Kevin L. Mannix, P.C., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

In this workers' compensation case, claimant seeks review of a Board order affirming the referee's determination that he is not entitled to a penalty for employer's delay in paying him the amount agreed upon in a disputed claim settlement agreement. ORS 656.289(4).

The threshold question is whether the Board has jurisdiction to enforce the agreement. In EBI Companies v. Moore, 90 Or.App. 99

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