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SHUBERT v. BLUE CHIPS

(WCB 94-08858; CA A89283; SC S45040)

9 P.3d 114 (2000)

330 Or. 554

In the Matter of the Compensation of Milan F. Shubert, Claimant. Milan F. SHUBERT, Petitioner on Review, v. BLUE CHIPS and SAIF Corporation, Respondents on Review.

Supreme Court of Oregon.

Decided August 24, 2000.

Attorney(s) appearing for the Case

Meagan A. Flynn, Portland, argued the cause for petitioner on review. With her on the brief were Robert W. Pardington, Portland, and Pozzi, Wilson, Atchison, LLP, Portland.

Julene M. Quinn, Salem, argued the cause and filed the brief for respondents on review.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, and DURHAM, Justices.

GILLETTE, J.

In this workers' compensation case, claimant seeks review of a Court of Appeals decision affirming the denial of his claim for an additional award of permanent partial disability (PPD) for a shoulder condition. The denial was based on a temporary administrative rule that assigned a value of zero to any disability attributable to certain surgical procedures that claimant had undergone. Claimant asserts that the rule is inconsistent with ORS 656.726(4)...

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