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SAIF v. DONAHUE-BIRRAN

02-02926; A120639.

96 P.3d 1282 (2004)

195 Or.App. 173

In the Matter of the Compensation of Rick W. Donahue-Birran, Claimant. SAIF CORPORATION and University of Oregon, Petitioners, v. Rick W. DONAHUE-BIRRAN, Respondent.

Court of Appeals of Oregon.

Decided September 8, 2004.

Attorney(s) appearing for the Case

David L. Runner, Special Assistant Attorney General, argued the cause for petitioners. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Thomas Cary, Eugene, argued the cause for respondent. On the brief was G. Duff Bloom.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

HASELTON, P.J.

Petitioners University of Oregon and SAIF (SAIF) seek review of an order of the Workers' Compensation Board (board) upholding an assessment of impairment under OAR 436-035-0230(16), as well as a penalty imposed pursuant to ORS 656.268(5)(e). At issue is the meaning of the phrase, "cannot walk and/or stand for a cumulative total of more than two hours in an 8-hour period," as used in OAR 436-035-0230(16). We review for errors of law, and affirm.

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