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SAIF CORP. v. FRIAS

(97-03188; CA A101756)

8 P.3d 1005 (2000)

169 Or. App. 345

In the Matter of the Compensation of Pedro Frias, Claimant. SAIF CORPORATION and J & R Contractors, Inc., Petitioners, v. Pedro FRIAS, Respondent.

Court of Appeals of Oregon.

Decided August 23, 2000.

Attorney(s) appearing for the Case

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

Joseph A. DiBartolomeo argued the cause for respondent. With him on the brief was Lavis & DiBartolomeo.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

ARMSTRONG, J.

Employer seeks review of an order of the Workers' Compensation Board awarding claimant temporary disability benefits. Employer assigns error to the Board's exclusion of periods during which employer had no work for claimant from the calculation of claimant's average weekly wage. OAR 436-060-0025(5)(a)(A). We review for errors of law and reverse.

Most of the relevant facts are not in dispute. Claimant was employed as a construction worker for...

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