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MATTER OF COMPENSATION OF PENA

A164924.

432 P.3d 382 (2018)

294 Or.App. 740

In the MATTER OF the COMPENSATION OF Jesus PENA, Claimant. Jesus Pena, Petitioner, v. Travelers Insurance Company and Progressive Logistics Services, Respondents.

Court of Appeals of Oregon.

November 7, 2018.

Attorney(s) appearing for the Case

Julene M. Quinn , Albany, OR, argued the cause and filed the briefs for petitioner.

Jonathan A. Rose argued the cause for respondents. Also on the brief was MacColl Busch Sato, PC.

Before Lagesen, Presiding Judge, and James, Judge, and Sercombe, Senior Judge.

This workers' compensation case requires us to determine the correct remedy when the Workers' Compensation Division provides surveillance video of a claimant to a panel of medical arbiters in violation of one of the agency's own rules, OAR 436-030-0155(4)(a). We agree with claimant that OAR 436-030-0155(4)(a) precludes the agency...

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