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STATE FARM INS. CO. v. LYDA

95-13520; CA A94571.

939 P.2d 1181 (1997)

148 Or. App. 424

In the Matter of the Compensation of Harry L. Lyda, Claimant. STATE FARM INSURANCE COMPANY and Harry Lyda Realty, Petitioners, v. Harry L. LYDA, Respondent.

Court of Appeals of Oregon.

Decided June 11, 1997.

Attorney(s) appearing for the Case

Chess Trethewy, Salem, argued the cause for petitioners. With him on the brief was Garrett, Hemann, Robertson, Paulus, Jennings & Comstock, P.C.

David W. Hittle, Salem, argued the cause for respondent. With him on the brief was Burt, Swanson, Lathen, Alexander, McCann & Smith.

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

LEESON, Judge.

Insurer seeks review of an order of the Workers' Compensation Board (Board) holding that, pursuant to former OAR 436-60-025(5)(j), the Director of the Department of Consumer and Business Services (director) correctly calculated the rate of claimant's temporary total disability (TTD) based on his assumed annual wage of $18,000.1 Insurer contends that the rule impermissibly deviates from the requirement of ORS 656.210...

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