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CARREON v. COMMERCE AND INDUSTRY INS. CO.

07020H; A137651.

226 P.3d 73 (2010)

233 Or. App. 440

Carmen CARREON, Petitioner, v. COMMERCE & INDUSTRY INS. CO. and Department of Consumer and Business Services, Respondents.

Court of Appeals of Oregon.

Decided January 27, 2010.

Attorney(s) appearing for the Case

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

Jerald P. Keene, Portland, argued the cause and filed the brief for respondent Commerce & Industry Ins. Co.

Tiffany Keast, Assistant Attorney General, argued the cause for respondent Department of Consumer and Business Services. With her on the brief were John R. Kroger, Attorney General, and Erika L. Hadlock, Acting Solicitor General.

Before WOLLHEIM, Presiding Judge, and SERCOMBE, Judge, and EDMONDS, Senior Judge.

EDMONDS, S.J.

In this workers' compensation case, claimant seeks review of a final order of the Director of the Department of Consumer and Business Services (the director) that denied her vocational assistance benefits. She contends that she was improperly denied vocational assistance benefits pursuant to OAR 436-120-0320(10)(a) (2007), which states that, as a condition for receiving vocational assistance, the worker must be "authorized to work in the United States...

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