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JORDAN v. SAIF CORP.

(Agency No. 00-0051M; CA A116152; SC S53844).

167 P.3d 451 (2007)

343 Or. 208

In the Matter of the Compensation of James W. Jordan, Claimant. James W. JORDAN, Petitioner on Review, v. SAIF CORPORATION, Respondent on Review.

Supreme Court of Oregon.

Decided August 30, 2007.

Attorney(s) appearing for the Case

Donald M. Hooton, Beaverton, argued the cause for petitioner on review.

Alice M. Bartelt, SAIF Corporation, Salem, argued the cause for respondent on review.

Before DE MUNIZ, Chief Justice, and GILLETTE, DURHAM, BALMER, KISTLER, and WALTERS, Justices.

DE MUNIZ, C.J.

This case concerns the scope of the Workers' Compensation Board's (board) power under its "own motion" authority, pursuant to ORS 656.278. Specifically, we must determine whether the board's own-motion authority includes the power to suspend temporary disability payments when a claimant fails to comply with the physical therapy recommendations of his treating physician. Because the own-motion statutory provision does not explicitly list suspension among...

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