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JOHNSON v. SAIF

0502484; A132512.

180 P.3d 1237 (2008)

219 Or. App. 82

In the Matter of the COMPENSATION OF Michael W. JOHNSON, Claimant. Michael W. Johnson, Petitioner, v. SAIF CORPORATION and Anderson Hay & Grain Co., Inc., Respondents.

Court of Appeals of Oregon.

Decided March 26, 2008.

Attorney(s) appearing for the Case

Ronald A. Fontana, Portland, argued the cause for petitioner. With him on the briefs was Fontana & Takaro, P.C.

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

ARMSTRONG, J.

Claimant seeks review of an order of the Workers' Compensation Board, challenging the board's determination that the proper amount on which to base a penalty against SAIF for late closure of a claim under ORS 656.268(5)(d) was the permanent partial disability award in the notice of closure, reduced by the overpayment of temporary disability compensation existing at the time of closure. We affirm.

Claimant requested claim closure on November 15...

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