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CONCRETE CUTTING CO. v. CLEVENGER

01-08644, 01-08647; A119486.

81 P.3d 723 (2003)

191 Or. App. 157

In the Matter of the Compensation of James R. Clevenger, Claimant. CONCRETE CUTTING CO., Petitioner, v. James R. CLEVENGER, Respondent.

Court of Appeals of Oregon.

Decided December 10, 2003.

Attorney(s) appearing for the Case

Bruce Byerly argued the cause for petitioner. On the brief were Deborah L. Sather, Tracy J. White, and Sather, Byerly & Holloway.

George J. Wall argued the cause for respondent. On the brief were Jacqueline M. Jacobson and Welch, Bruun & Green, Multnomah.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and SCHUMAN, Judge.

EDMONDS, P.J.

In this workers' compensation case, employer seeks review of an order of the Workers' Compensation Board (the board) affirming an order of the administrative law judge (ALJ). The issue on review concerns how temporary disability benefits are to be calculated under OAR 436-060-0025.1 Reviewing for errors of law, ORS 183.482(8)(a), we reverse and remand.

The salient facts of the case are uncontested. Claimant, a concrete...

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