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FOX v. ROSS BROS. & CO., INC.

99-01031; A109773

28 P.3d 631 (2001)

175 Or. App. 265

In the Matter of the Compensation of Gary S. Fox, Claimant. Gary S. FOX, Petitioner, v. ROSS BROS. & COMPANY, INC., and SAIF Corporation, Respondents.

Court of Appeals of Oregon.

Decided July 5, 2001.

Attorney(s) appearing for the Case

Michael Strooband, Eugene, argued the cause for petitioner. With him on the briefs was Bischoff, Strooband & Ousey, P.C.

James W. Moller, Salem, argued the cause and filed the brief for respondents.

Before LANDAU, Presiding Judge, and BREWER and SCHUMAN, Judges.

SCHUMAN, J.

An administrative law judge (ALJ) directed SAIF, claimant's employer's insurer, to pay claimant 51 percent unscheduled permanent partial disability (PPD) and a penalty against SAIF for unreasonably having failed to do so. The Workers' Compensation Board (Board) reversed, and claimant petitions for judicial review. We review for errors of law, ORS 656.298(7); ORS 183.482(8), and affirm.

Claimant compensably injured his back in February 1995. He...

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