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NIX v. FREIGHTLINER CORP.

93-02704; CA A87100.

931 P.2d 836 (1997)

145 Or. App. 560

In the Matter of the Compensation of Judith NIX, Claimant. Judith NIX, Petitioner, v. FREIGHTLINER CORPORATION, Respondent.

Court of Appeals of Oregon.

Decided January 22, 1997.

Attorney(s) appearing for the Case

Donald M. Hooton, Portland, argued the cause for petitioner. With him on the brief was L. Scott Lumsden.

Bruce L. Byerly, Portland, argued the cause for respondent. With him on the brief was Moscato Byerly & Skopil.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LANDAU, Judge.

Claimant seeks review of an order of the Workers' Compensation Board (Board) holding that an award of attorney fees is subject to an offset based on prior overpayment of compensation. Claimant contends that the Board's own rules expressly prohibit such an offset. Employer contends that the Board's construction of its rules to allow an offset in the circumstances of this case is a reasonable one and should be upheld. We conclude that the Board's rules...

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