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NEIGHBORS v. BLAKE

(H98-011; CA A102041)

3 P.3d 172 (2000)

167 Or. App. 343

James NEIGHBORS, Petitioner, v. Donald BLAKE, Carolyn Blake, Country Mutual Insurance Company, and Department of Consumer and Business Services, Respondents.

Court of Appeals of Oregon.

Decided May 17, 2000.

Attorney(s) appearing for the Case

Richard F. McGinty, Salem, argued the cause and filed the brief for petitioner.

Vera Langer, Portland, argued the cause for respondents Donald Blake, Carolyn Blake and Country Mutual Insurance Company. With her on the brief was Scheminske, Lyons & Bussman, LLP.

Philip Schradle, Assistant Attorney General, waived appearance for respondent Department of Consumer and Business Services.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

WOLLHEIM, J.

Claimant seeks reversal of a final order of the Director of the Department of Consumer and Business Services (DCBS) declining to assess a penalty under ORS 656.262(11).1 Because we conclude that the late payment was unreasonable as a matter of law, we reverse.

The facts are uncontested. Claimant suffered an industrial accident that resulted in the traumatic amputation of his right forearm. In September 1997, pursuant...

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