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RED ROBIN INTERN. v. DOMBROSKY

04-06021; A128955.

142 P.3d 493 (2006)

207 Or. App. 476

In the Matter of the Compensation of Adrienne L. Dombrosky, Claimant. RED ROBIN INTERNATIONAL, Petitioner, v. Adrienne L. DOMBROSKY, Respondent.

Court of Appeals of Oregon.

Decided August 30, 2006.

Attorney(s) appearing for the Case

Deborah L. Sather, Portland, Rebecca A. Watkins, and Sather, Byerly & Holloway filed the briefs for petitioner.

Adrienne L. Dombrosky filed the brief pro se.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

ARMSTRONG, J.

Employer seeks review of an order of the Workers' Compensation Board, contending that the board erred in assessing a penalty under ORS 656.268(5)(d) and erred in concluding that the penalty should be based on the amount of compensation awarded in the notice of closure. We conclude that the board erred and reverse and remand for reconsideration.

The pertinent facts are undisputed. Claimant requested closure of her workers' compensation claim on...

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