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SAIF v. FITZSIMMONS

(96-08824; CA A101755)

978 P.2d 404 (1999)

159 Or. App. 464

In the Matter of the Compensation of Bryan M. Fitzsimmons, Claimant. SAIF CORPORATION and Island City Steel, Petitioners, v. Bryan M. FITZSIMMONS, Respondent.

Court of Appeals of Oregon.

Decided April 7, 1999.

Attorney(s) appearing for the Case

David L. Runner, Salem, argued the cause and filed the brief for petitioners.

R. Adian Martin argued the cause and filed the brief for respondent.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judges.

EDMONDS, P.J.

Insurer and employer seek review of a Workers' Compensation Board order in which the Board increased claimant's rate of temporary disability compensation. We review for errors of law, ORS 656.298(7), and affirm.

Claimant injured his elbow and filed a workers' compensation claim with his employer. After an initial denial, insurer accepted the claim and paid claimant temporary disability compensation based on a 52week average wage of $247.67. Thereafter...

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