EVERETT v. SAIF

99-09946; A111969

38 P.3d 952 (2002)

179 Or. App. 112

In the Matter of the Compensation of Harry A. Everett, Claimant. Harry A. EVERETT, Petitioner, v. SAIF CORPORATION; Damerow Ford Co.; and Department of Consumer and Business Services, Respondents.

Court of Appeals of Oregon.

Decided January 23, 2002.


Attorney(s) appearing for the Case

Thomas J. Flaherty, Hillsboro, argued the cause and filed the briefs for petitioner.

Jerome P. Larkin, Salem, argued the cause and filed the brief for respondents SAIF Corporation and Damerow Ford Co.

Michael D. Reynolds, Solicitor General, waived appearance for respondent Department of Consumer and Business Services.

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


KISTLER, J.

The Department of Consumer and Business Services (DCBS) awarded claimant some but not all of the permanent partial disability benefits that he sought. At the hearing before the administrative law judge (ALJ), claimant sought to introduce evidence, which he had failed to offer before DCBS, to prove that he was entitled to a larger award. The Workers' Compensation Board ruled that claimant could not offer that evidence. On review, claimant argues that due...

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