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AINSWORTH v. SAIF

03-03658; A124732.

124 P.3d 616 (2005)

202 Or. App. 708

In the Matter of the Compensation of Sandra A. Ainsworth, Claimant. Sandra A. AINSWORTH, Petitioner, v. SAIF CORPORATION and Department of Corrections, Respondents.

Court of Appeals of Oregon.

Decided November 23, 2005.

Attorney(s) appearing for the Case

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

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

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

SCHUMAN, P.J.

Claimant in this workers' compensation case challenges an administrative rule under which a worker who has sustained compensable brain damage from an injury cannot receive benefits for psychiatric impairment caused by the same injury even when the psychiatric impairment alone, or the two impairments in conjunction, are more extensive than the organic brain damage alone. Claimant argues that the rule is inconsistent...

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