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CLARKE v. SAIF

WCB 89-12867; CA A71604.

852 P.2d 208 (1993)

120 Or. App. 11

In the Matter of the Compensation of James R. Clarke, Claimant. James R. CLARKE, Petitioner, v. SAIF CORPORATION and Value Lumber Yards, Respondents.

Court of Appeals of Oregon.

Decided May 12, 1993.

Attorney(s) appearing for the Case

W. Daniel Bates, Jr., argued the cause and filed the brief for petitioner.

Julie K. Bolt, Sp. Asst. Atty. Gen., Salem, argued the cause for respondents. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, C.J., and DEITS and DURHAM, JJ.

RICHARDSON, Chief Judge.

Claimant seeks review of an order of the Workers' Compensation Board holding that he was medically stationary on June 16, 1989. Claimant contends that he was not medically stationary until March 27, 1990.

Claimant suffered a compensable low back injury in May, 1988, and in March, 1989, underwent surgery to repair a herniated disk. On June 16, 1989, claimant's treating physician, Dr. Rockey, reported claimant's condition:

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