SAIF CORP v. CLINE

WCB 93-00701; CA A83804.

897 P.2d 1172 (1995)

135 Or.App. 155

In the Matter of the Compensation of Steven L. Cline, Claimant. SAIF CORPORATION and Weaver Construction Co., Petitioners, v. Steven L. CLINE, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted May 3, 1995.

Decided June 21, 1995.

Review Denied September 5, 1995.


Attorney(s) appearing for the Case

Michael O. Whitty, Sp. Asst. Atty. Gen., argued the cause for petitioners. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

James L. Edmunson, Eugene, argued the cause for respondent. With him on the brief was Malagon, Moore, Johnson & Jensen.


Resubmitted In Banc May 3, 1995.

LANDAU, Judge.

Employer seeks review of an order of the Workers' Compensation Board that awarded claimant a penalty under ORS 656.268(4)(g). We reverse and remand for reconsideration.

Claimant suffered a compensable injury to his thumb. When that condition became medically stationary, employer issued a notice of closure, awarding 23 percent permanent scheduled disability for the thumb. Claimant requested reconsideration...

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