TYE v. McFETRIDGE

02-01738; A122013.

112 P.3d 435 (2005)

199 Or. App. 529

In the Matter of the Compensation of John P. Tye, Claimant. John P. TYE, Petitioner, v. Gary McFETRIDGE and Saif Corporation, Respondents.

Court of Appeals of Oregon, En Banc.

Resubmitted February 9, 2005.

Decided May 18, 2005.


Attorney(s) appearing for the Case

R. Adian Martin, Portland, argued the cause and filed the brief for petitioner.

David L. Runner argued the cause and filed the brief for respondents.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, WOLLHEIM, SCHUMAN, and ORTEGA, Judges.


Resubmitted En Banc February 9, 2005.

EDMONDS, J.

Claimant seeks review of a Workers' Compensation Board (board) order in which the board calculated his temporary disability compensation by including a 15-week seasonal layoff. We review for errors of law, ORS 656.298(7), and reverse.

The facts are not in dispute. For 20 years, claimant has been a logger and mill worker. He works seasonally in Wallowa County. The work season is determined by the ground...

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