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GALLINO v. COURTESY PONTIAC-BUICK-GMC

WCB 91-07125; CA A78248.

863 P.2d 530 (1993)

124 Or. App. 538

In the Matter of the Compensation of Gary D. Gallino, Claimant. Gary D. GALLINO, Petitioner, v. COURTESY PONTIAC-BUICK-GMC and SAIF Corporation, Respondents.

Court of Appeals of Oregon.

Decided November 17, 1993.

Attorney(s) appearing for the Case

Edward J. Harri, Salem, argued the cause for petitioner. On the brief were Jon C. Correll and Malagon, Moore, Johnson, Jensen & Correll, Eugene.

Steve Cotton, Sp. Asst. Atty. Gen., argued the cause for respondents. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before DEITS, P.J., and RIGGS and DURHAM, JJ.

RIGGS, Judge.

Claimant seeks review of a Workers' Compensation Board order holding that ORS 656.726(3)(f)(C) vests unreviewable discretion in the director of the Department of Insurance and Finance (DIF) to promulgate temporary disability standards when an impairment is not addressed by existing standards. He also seeks review of the Board's holding that it lacks authority to remand the matter to DIF for further agency action.

While at work, claimant compensably...

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