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HALLMARK FISHERIES v. HARVEY

87-06987; CA A61323.

788 P.2d 471 (1990)

100 Or.App. 657

In the matter of the Compensation of Michael J. Harvey, Claimant. HALLMARK FISHERIES and Liberty Northwest Insurance Corporation, Petitioners, v. Michael J. HARVEY, Respondent.

Court of Appeals of Oregon.

Decided March 7, 1990.

Attorney(s) appearing for the Case

Paul L. Roess, Portland, argued the cause for petitioners. With him on the brief was Acker, Underwood, Norwood & Hiefield, Portland.

James L. Edmunson, Eugene, argued the cause for respondent. With him on the brief was Malagon, Moore & Johnson, Eugene.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.

PER CURIAM.

Employer seeks review of an order of the Worker's Compensation Board awarding claimant temporary total disability (TTD) benefits. Claimant injured his back while working for employer. He filed a claim and received TTD. He returned to work before his claim was closed, but was fired for smoking marijuana on the work site two days later. On March 5, 1987, while still unemployed, claimant was declared by his treating physician to be physically unable to work...

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