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IN THE MATTER OF ADAMSON

00-002964; A112732

39 P.3d 886 (2002)

179 Or. App. 287

In the Matter of the Compensation of Virgil Adamson, Jr., Claimant. BCI COCA COLA BOTTLING CO., Petitioner, v. Virgil ADAMSON, Jr., Respondent.

Court of Appeals of Oregon.

Decided January 30, 2002.

Attorney(s) appearing for the Case

Jerald P. Keene, argued the cause for petitioner. With him on the briefs was Reinisch, MacKenzie, Healey, Wilson & Clark, P.C.

Patrick Cougill, argued the cause for respondent. With him on the brief was Welch, Bruun & Green, Portland.

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

BREWER, J.

Employer seeks review of an order of the Workers' Compensation Board holding that, although employer failed to pay claimant benefits for permanent partial disability (PPD) within the time prescribed by the Department of Consumer and Business Services' (DCBS) administrative rule, OAR 436-060-0150(7),1 employer is not required to pay a penalty or attorney fees, because it had a legitimate...

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