S-M MOTOR CO. v. MATHER

H92-159; CA A85413.

900 P.2d 1079 (1995)

136 Or. App. 91

S-M MOTOR COMPANY and Argonaut Insurance Company, Petitioners, v. Howard R. MATHER and Department of Consumer and Business Services, Respondents.

Court of Appeals of Oregon.

Decided August 9, 1995.


Attorney(s) appearing for the Case

Vera Langer, Portland, argued the cause for petitioners. On the brief were Darren L. Otto and Scheminske & Lyons.

Max Rae, Salem, argued the cause and filed the brief for respondent Howard R. Mather.

John T. Bagg, Asst. Atty. Gen., argued the cause for respondent Dept. of Consumer and Business Services. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

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


EDMONDS, Judge.

Employer1 seeks reversal of an order of the Department of Consumer and Business Services (DCBS) assessing a 25 percent penalty based on employer's failure to pay temporary disability benefits to claimant and an additional 25 percent penalty for employer's unreasonable delay in paying him medical expenses. ORS 656.262(10)(a). We reverse in part and affirm in part.

In December 1984, claimant injured his neck at work...

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