SAIF v. CRUZ

91-02209; CA A75855.

852 P.2d 247 (1993)

120 Or. App. 65

In the Matter of the Compensation of Santiago A. Cruz, Claimant. SAIF CORPORATION and Northwest Shake Tile, Petitioners-Cross-Respondents, v. Santiago A. CRUZ, Respondent-Cross-Petitioner.

Court of Appeals of Oregon.

Decided May 12, 1993.


Attorney(s) appearing for the Case

Steve Cotton, Sp. Asst. Atty. Gen., Salem, argued the cause, for petitioners-cross-respondents. With him on the briefs were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Robert Wollheim, Portland, argued the cause, for respondent-cross-petitioner. With him on the brief was Welch, Bruun & Green, Portland.

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.


ROSSMAN, Presiding Judge.

Employer seeks review of an order of the Workers' Compensation Board determining that claimant has established a compensable back injury. Claimant has filed a cross-petition, contending that the Board erred in failing to assess a penalty for employer's withholding of claimant's statement. We affirm on the petition and reverse and remand on the cross-petition.

Claimant felt a "pull" in his back on the left side while pulling a roll...

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