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PIETRZYKOWSKI v. ALBERTSONS, INC.

02-04383; A121235.

111 P.3d 802 (2005)

199 Or. App. 387

In the Matter of the Compensation of James D. Pietrzykowski, Claimant. James D. PIETRZYKOWSKI, Petitioner, v. ALBERTSONS, INC., Respondent.

Court of Appeals of Oregon.

Decided May 4, 2005.

Attorney(s) appearing for the Case

Jodie Phillips Polich argued the cause for petitioner. With her on the opening brief were Law Offices of Jodie Anne Phillips Polich, P. C., and George J. Wall and Welch, Bruun & Green, Portland.

Kenneth Kleinsmith argued the cause for respondent. With him on the brief was Radler, Bohy, Replogle & Miller.

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

EDMONDS, J.

Claimant seeks judicial review of a Workers' Compensation Board (board) order that reduced an award on reconsideration of 28.53 percent scheduled permanent partial disability for claimant's binaural hearing loss by the Department of Consumer and Business Services (department) to an award of 6.88 percent. ORS 656.298(1). In making that award, the board held that the administrative law judge (ALJ) did not err in allowing employer to raise the issue of the...

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