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DIANE'S FOODS v. STEPHENS

WCB 92-10499; CA A81346.

893 P.2d 573 (1995)

133 Or. App. 707

In the Matter of the Compensation of Gisela M. Stephens, Claimant. DIANE'S FOODS and Liberty Northwest Insurance Corporation, Petitioners, v. Gisela M. STEPHENS, Respondent.

Court of Appeals of Oregon.

Decided April 12, 1995.

Attorney(s) appearing for the Case

Jerry K. Brown, McMinnville, argued the cause for petitioners. On the brief were Charles L. Lisle and Cummins, Brown, Goodman, Fish & Peterson, P.C.

Randy Elmer, Salem, argued the cause for respondent. With him on the brief was Law Offices of Michael B. Dye.

Before RICHARDSON, C.J., and LANDAU and LEESON, JJ.

PER CURIAM.

In this workers' compensation case, employer seeks review of an order of the Board reversing the referee's order that reduced claimant's permanent partial disability (PPD) to zero. The Board reinstated the determination order award of 29 percent PPD because employer had failed to request reconsideration of that award under ORS 656.268(5).

Employer's only argument is that ORS 656.268 is a jurisdictional statute under which reconsideration is a prerequisite...

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