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IN RE COMPENSATION OF SCHLEISS

(WCB 0905174; CA A146996; SC S060774).

317 P.3d 244 (2013)

354 Or. 637

In the Matter of the COMPENSATION of Jon M. SCHLEISS, Claimant. Jon M. Schleiss, Petitioner on Review, v. SAIF Corporation and Nugent Masonry, Inc., Respondents on Review, and Department of Consumer and Business Services, Intervenor.

Supreme Court of Oregon.

Decided December 27, 2013.

Attorney(s) appearing for the Case

Donald M. Hooton , Hooton Wold & Okrent, LLP, Beaverton, argued the cause and filed the brief for petitioner on review.

Julie Masters , SAIF Corporation, Salem, argued the cause and filed the brief for respondents on review SAIF Corporation and Nuent Masonry Inc.

Michael A. Casper , Deputy Solicitor General, Salem, argued the cause for Intervenor Department of Consumer and Business Services. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Julene M. Quinn , Corvallis, and James S. Coon , Swanson Thomas Coon & Newton, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Before BALMER, Chief Justice, and KISTLER, WALTERS, LANDAU, BREWER and BALDWIN, Justices.

BREWER, J.

Our review of an order of the Workers' Compensation Board (the board) that made a permanent partial disability (PPD) award to claimant requires us to determine whether OAR 436-035-0013 (2009), an administrative rule adopted by the Director of the Department of Consumer and Business Services (DCBS), is inconsistent with the statutes that the Director intended to implement. We review to determine whether the board has erroneously interpreted a provision of...

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