IN THE MATTER OF VALENCIA

WCB No. 94-03439; CA A87028.

914 P.2d 32 (1996)

140 Or. App. 14

In the Matter of the Compensation of Daniel M. Valencia, Claimant. SAIF CORPORATION, Petitioner, and Mills Mint Farm, Inc., Employer, v. Daniel M. VALENCIA, Respondent.

Court of Appeals of Oregon.

Decided March 27, 1996.


Attorney(s) appearing for the Case

Michael O. Whitty, Special Assistant Attorney General, argued the cause for petitioner. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Hollis Ransom, Portland, argued the cause for respondent. On the brief was Michael A. Gilbertson.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.


DEITS, Presiding Judge.

SAIF seeks review of an order of the Workers' Compensation Board that awarded claimant a penalty under ORS 656.268(4)(g), on the ground that claimant's permanent partial disability (PPD) was increased on reconsideration by the Department of Consumer and Business Services. We reverse and remand for reconsideration.

The pertinent statute here, ORS 656.268(4)(g), provides:

"If, upon reconsideration of a claim closed by an insurer...

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