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DREWS v. EBI COMPANIES

WCB 85-12763; CA A43657; SC S36174.

795 P.2d 531 (1990)

310 Or. 134

In the matter of the Compensation of Walter F. DREWS II, Claimant. Walter F. Drews II, Respondent On Review, v. EBI COMPANIES and Unity Construction, Petitioners On Review.

Supreme Court of Oregon.

Decided July 11, 1990.

Attorney(s) appearing for the Case

Craig A. Staples, Portland, argued the cause and filed the petition for petitioners on review.

James L. Edmunson, Eugene, argued the cause for respondent on review.

Before PETERSON, C.J., and LINDE, CARSON, JONES, GILLETTE, VAN HOOMISSEN and FADELEY, JJ.

FADELEY, Justice.

The issue is whether either issue or claim preclusion applies in this case. An injured worker seeks correction of the amount of temporary total disability benefits (TTD) payable for periods when he was unable to work as a result of an injury. He also seeks a penalty and attorney fees because EBI Companies (EBI), the employer's insurer, did not correct the amount of TTD payments within a reasonable time after EBI was notified of an error in the calculation...

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