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KOSKELA v. WILLAMETTE INDUSTRIES, INC.

(WCB 95-08576; CA A97325)

978 P.2d 1018 (1999)

159 Or. App. 229

In the Matter of the Compensation of George D. Koskela, Claimant. George D. KOSKELA, Petitioner, v. WILLAMETTE INDUSTRIES, INC., Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted February 3, 1999.

Decided March 17, 1999.

Attorney(s) appearing for the Case

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

David L. Johnstone, Portland, argued the cause for respondent. With him on the brief were E. Kimbark MacColl, Jr. and VavRosky, MacColl, Olson, Busch & Pfeifer, P.C.

David L. Runner, Appellate Counsel, filed a brief amici curiae for SAIF Corporation and South Hills Health Care Center.

Before DEITS, Chief Judge, and EDMONDS, De MUNIZ, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM and KISTLER, Judges, and WARREN, Senior Judge.

Resubmitted En Banc February 3, 1999.

LINDER, J.

Claimant seeks review of a Workers' Compensation Board (board) order awarding him permanent partial disability (PPD) rather than permanent total disability (PTD). The petition for review raises only one issue: whether the administrative procedures for determining the extent of the permanent disability—in particular, the process for reconsideration and hearing—satisfy the requirements of the federal...

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