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NERO v. CITY OF TUALATIN

92-04986; CA A80583.

873 P.2d 390 (1994)

127 Or. App. 458

In the Matter of the Compensation of Jay A. Nero, Claimant. Jay A. NERO, Petitioner, v. CITY OF TUALATIN, Respondent.

Court of Appeals of Oregon.

Decided April 20, 1994.

Review Denied June 21, 1994.

Attorney(s) appearing for the Case

Daniel J. DeNorch, Portland, argued the cause for petitioner. On the brief was Michael R. Dehner.

Patric J. Doherty, Portland, argued the cause for respondent. With him on the brief were Karli L. Olson and VavRosky, MacColl, Olson, Doherty & Miller, P.C.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.

EDMONDS, Judge.

Claimant seeks review from an order of the Workers' Compensation Board. He assigns error to the Board's decision not to award a penalty under ORS 656.268(4)(g), which provides:

"If, upon reconsideration of a claim closed by an insurer or self-insured employer, the department orders an increase by 25 percent or more of the amount of compensation to be paid to the worker for permanent disability and the worker is found upon reconsideration to...

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